MANUAL OF 


CIVIL GOVERNMENT 


COON. 



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A MANUAL 


...OF... 

Civil Government 

DESIGNED ESPECIALLg FOH 


Students and Citizens 

Iti the State of New York 


/ 


BY 


HENRY C. COON, A. M., M. D., Ph. D.. 
/ / 


Professor of Chemistry and former Professor of 
Civics in Alfred University, Councilor 
in the American Institute of 
Civics. 


PUBLISHED BY 

The Sun Publishing Association, 

ALFRED, N. Y. 

1897. 


SYV 1 & 1 



TWO C0PIPS RECEIVED 





eii 




Copyrighted 

1897 

By Henry C. Coon. 


'• Yir\aX - (5 ' 6 


Analysis of Contents 




CHAPTER I. 

Definitions and General Principles. 

CHAPTER II. 

History of the Constitution of the United States. 

CHAPTER III. 

The Government of the United States. 

Sec. i—Legislative. Sec. 2—Executive. Sec. 3—Judiciary. 

CHAPTER IV. 

History of the Constitution of New York. 

CHAPTER V. 

Civil Polity or Government of New York. 

Sec. 1—Town and its Divisions. Sec. 2—County. Sec. 3— 
Legislature of the State. Sec. 4—Executive of the State. 

Srec. 5—Judiciary of the State. Sec. 6—Juries. Sec. 7— 
Villages and Cities. 

CHAPTER VI. 

Miscellaneous Topics, 

Sec. 1—Constitutional and Legal Terms. Sec. 2—Crimes. 
Sec. 3—Commercial and Business Terms. 

CHAPTER VII. 

Declaration of Independence. 

CHAPTER VIII. 

Constitution of the United States. 

CHAPTER IX. 

Constitution of New York State. 


PREFACE 


The essentials of Civics or Civil Government should be under¬ 
stood by every citizen and should be taught in all our schools. 
This manual has been developed from notes given to classes, and 
plans formed while the author was teaching the subject in Alfred 
University, and contains a brief statement of general principles; 
the history of the constitutions and elements of the governments of 
the United States and New York, with their constitutions, and 
such definitions of terms as seem necessary. 

These can be expanded or abridged by the teacher to meet the 
needs of the various classes. The subject matter has been ob¬ 
tained from many sources, and has been revised to conform to the 
new constitution of the State of New York, and the laws of 1897. 
In offering this book to the public, the author has yielded to the 
earnest and oft repeated solicitations of students and teachers, and 
inasmuch as the value of a clear and widespread knowledge of 
this subject cannot be overestimated, this volume is submitted with 
the hope that it may contribute something to this end. The author 
wishes to acknowledge his obligations to L. C. Rogers, D. D., 
Professor of Political Science and History in Alfred University, for 
help in reading the proof and for many valuable suggestions; also 
to H. A. Baker, Esq., Hornellsville N. Y., and Chas. Stillman, Esq., 
of Alfred, Secretary of the Board of Supervisors of Allegany coun¬ 
ty, for helps on legal questions. 

The author received his first inspiration in this subject from 
the study of “Young’s First Government Class Book,” and many 
valuable suggestions from his subsequent works. 

Alfred, N. Y., 1897. 


HENRY C. COON. 


A Manual of Civil Government, 

CHAPTER I. 

DEFINITIONS AND GENERAL PRINCIPLES. 

“Civics* (Latin, civis —a citizen). The body of 
knowledge or science which devotes itself to the con¬ 
sideration of citizenship relations, including the re¬ 
ciprocal relations of government and citizenship. 
Civics seeks to properly co-ordinate, as parts of an 
integral science, the essential truths with which the 
citizen must be familiar in order to the best use of 
his powers and privileges. It includes 

I. Ethics. The doctrine of duties in society. 
In other words, the study and setting forth of the 
conditions in human character which are essential to 
the welfare of the citizen, society and government. 
As right character is the natural source of right ac¬ 
tions, the science of civics first concerns itself with 
the facts which underlie and account for these essen¬ 
tial characteristics of the good citizen. 

II. Civil Polity. Governmental methods and 
machinery; suffrage, rights and obligations, the qual¬ 
ifications and duties of public officials; executive, 
legislative and judicial affairs, and all other matters 
having relation to the orderly and proper administra¬ 
tion of government. 

III. Law. The principles and facts of the law 
in application most directly involving the interest of 
society, and especially of the citizen and the govern¬ 
ment. 


* Divisions, as given bv Henry Randall Waite, President of 
The American Institute of Civics, in “Political Science News." 



6 


A MANUAL OF 


IV. Economics. The principles or laws which 
explain the production, distribution and ownership 
of that which constitutes, or is technically called, 
wealth. 

V. Sociology. The science of society in all its 
relations, and the care of the dependent, defective 
and delinquent classes. 

VI. History. Collateral facts illustrative of 
tendencies and results growing out of given condi¬ 
tions, considered in connection with ethic, civil polity, 
law, sociology, and economics.” 

Government (from the Latin, gubernare) is con¬ 
trol. Government is the instrument or agent which 
society uses to secure justice and progress. It is 
used in two senses: 1st. It consists of customs, 
rules or laws commanding what society wishes to 
have done, and forbidding what it does not wish to 
have done. 2d. It consists of the rulers or officers 
whose business it is to have these rules or laws en¬ 
forced. 

Divine government is the control of God over his 
"Creatures. 

Family government is the control of parents over 
their children and other members of the family. 

School government is the control of the teacher 
over the scholars, aided by the trustee when neces¬ 
sary. 

Civil government is the control of the state or 
nation over its citizens or inhabitants, or according 
to Alden, “ the powers and laws established by which 
the will of the state is expressed and executed. ” 

Three things are necessary for the maintenance 
of a good government: 

1st. Intelligence to determine what is right. 

2d. A will to choose the right. 


CIVIL GOVERNMENT. 


7 


3d. Power in the government to enforce the 
right. 

ORIGIN OF GOVERNMENT. 

Civil society was ordained by God. It arises 
from man’s social nature, and results in the family, 
the tribe and the nation. It is not a voluntary asso¬ 
ciation, nor is it a civil compact, but it exists neces¬ 
sarily. It is a trust committed to society by the 
Creator, which it must accept, and for which it is re¬ 
sponsible. 

AUTHORITY FOR GOVERNMENT—WHENCE DERIVED, 

In the divine it inheres in God’s nature. 

In the nation it is derived from the consent of all 
the states represented. 

In the state the people have retained from the 
nation the authority necessary for the regulation of 
its own local affairs. 

In the state and nation the authority comes from 
the people to whom it was given by their Creator. 

In a monarchy it has been wrested from the 
people or established by common consent, and so it 
is claimed to be inherited. 

OBJECT OF CIVIL GOVERNMENT. 

To make and execute laws for the good of the 
governed. Man is born subject to the law of recti¬ 
tude (as he is to other laws), and this enforced gives 
justice, which results in security against wrong. The 
maintenance of justice furnishes the best condition for 
the exercise and consequent development of man’s 
varied powers. The enforcement of justice gives lib¬ 
erty. Ignorance and selfishness require government. 

Liberty is the power and the right to do or not to 
do a thing, or the right of free choice, exemption 
from restraint, other than that which the good of 


8 


A MANUAL OF 


others requires. It is not a license, which is a per¬ 
mit to do something which would be unlawful, or 
which needs regulation. 

Justice is right, or contemplates the right ac¬ 
cording to established law. The practice of render¬ 
ing to every man his due, and has reference to man’s 
relation to man, and finds expression in the second 
table of the Decalogue. 

Right is straight, or conforming to rule or law. 
A just claim. 

Righteous (Anglo-Saxson, right-wise) is upright 
from religious principle, and has reference to man’s 
relation to God, which helps him to determine his re¬ 
lation to his fellow man, and finds its expression in 
the first table of the Decalogue. 

Equity according to the law of nature. Natural 
justice. The application of the principles of right 
and reason in the determining or in the administra¬ 
tion of justice. 

Governments govern according to law. 

Law in a general sense is a rule of action pre¬ 
scribing what shall be done and what shall not be 
done. 

1. In the state it is the will of the controling 
power, which becomes a rule of action for the gov¬ 
erned. 

2. A rule of conduct prescribed by the supreme 
power of the state. 

3. In general, it is a rule of action established 
by recognized authority to enforce justice and direct 
duty. 

4. In science law is the constant and regular 
mode according to which an energy acts. 

5. According to Ganot, It is the constant rela¬ 
tion which exists between any phenomena and its 


CIVIL GOVERNMENT. 


9 


cause. It is said of law, “Its home is in the bosom 
of God and its voice is the harmony of the world.” 

KINDS OF LAW. 

I. Divine, established by the supreme Law¬ 
giver . 

II. Human, established by man; relating to 
civil or municipal governments. These may be di¬ 
vided into written and unwritten. 

I. (a) The written divine law is that which is 
revealed in God’s word as his will to man for his 
guide and salvation, and is found in the Bible. 

(b) The unwritten divine law is that which is re¬ 
vealed in God’s works, which w r e call natural laws. 
These are His thoughts manifested in the universe, 
which, when man discovers and classifies, however 
imperfectly, he calls science. There is, there can be, 
no conflict between the revealed and the natural laws 
because, they emanate from the same all-wise source, 
and any apparent conflict comes from man’s imper¬ 
fect knowledge and false interpretation of these laws. 

II. (a) The written human laws are 

1st. The Constitution, “ which is the fundamen¬ 
tal law which determines the form of government 
and defines and limits its powers.” It is the founda¬ 
tion law to which all others must conform. It is usu¬ 
ally established by the will of the people, as in the 
United States. 

2d. Statute Laws. Those passed by the legis¬ 
lative authority. These must conform to the Consti¬ 
tution of the state and nation under which they are 
made. 

(b) The unwritten human laws are 

1st. Common Law, established by custom, as in 
England. 

2d. International Law, w T hich consists of rules 


IO 


A MANUAL OF 


for national intercourse recognized by all civilized na¬ 
tions. It is as yet defective in not having an inter¬ 
national legislative, judiciary or executive, and the 
injured nation can only appeal to the sense of justice, 
or if this fails, to war. Such differences should be 
settled by arbitration. 

3d. Canon or Ecclesiastical Law, regulating the 
affairs of the Church. 

These laws are also classified as 

1st. Civil or Municipal Law, which relates to 
business and property relations, or laws regulating 
the everyday conduct of life, and business transac¬ 
tions, including those directing the officers of govern¬ 
ment in their duties. This includes commercial law, 
which includes the regulation of trade and commerce. 
Suits under these are brought in the name of indi¬ 
viduals as plaintiff and defendant. 

2d. Criminal Law, w T hich relates to the violation 
of law, or the infringement of the natural and politi¬ 
cal rights of man, and the non-performance of public 
and official duties. Prosecutions for crimes are 
brought in the name of the state, or as it is often 
called, in behalf of the people. 

All human laws must conform to the divine law 
or they are not binding. 

To secure the execution of laws and obedience to 
the government, they must be enforced by adequate, 
penalties for their violation or infringement. Cer¬ 
tainty of conviction for crime and speedy execution 
of the sentence are strong safe-guards against the 
commission of crime. Gladstone says, “It is the 
function of government to make it easy to do right 
and hard to do wrong.” 

OBLIGATIONS OF THE GOVERNMENT TO ITS CITIZENS. 

1st. To secure justice. 

2d. To promote the general welfare. 


CIVIL GOVERNMENT. 


I I 


3d. To defend the state and its citizens. 

1st. To secure justice is to secure a person in 
the exercise of his rights, both civil or natural, and 
political. The natural or civil rights are 

(a) Personal security, or the right to enjoy life, 
health and reputation. 

(b) Personal liberty, or the right to speak and 
act without restraint, except that which the good of 
others requires. 

(c) Private property, or the right to acquire, 
own and use, for one’s own benefit and for others, as 
one may choose. 

(d) Religious liberty, or the right of free choice 
in matters of conscience and religion, and the right 
to worship God according to the dictates of con¬ 
science. 

The political rights are 

(a) t The right to share in the establishing of a 
government. 

(b) The right to share in its administration by 
voting and holding office. 

These rights are usually conferred or limited by 
the Constitution, but maybe modified by the statutes. 
All these rights are limited by the rights of others 
and of the state, and may be forfeited by crime. 

Civil liberty is the ground for individual and 
national prosperity, and true national prosperity se¬ 
cures the improvement and happiness of its citizens. 
In securing these rights for its citizens, which is the 
aim of every true government, it has the right 

(a) To restrain its citizens for the good of the 
whole. 

(b) To tax for its support. 

(c) To demand help and even life for its protec¬ 
tion, when necessary. 


12 


A MANUAL ()F 


(d) The right of Eminent Domain, or the right 
to use private property for the public good, after 
just compensation therefor. 

2d. Governments promote the general welfare 
by securing those things that will aid man and en¬ 
courage him in the development of his higher nature. 
It secures these 

(a) By establishing justice, which furnishes se¬ 
curity to its citizens in all their rights. 

(&) By aiding measures of public utility and con¬ 
venience, such as building roads and bridges, estab¬ 
lishing post offices, coining money, etc, 

(c) By fostering industries, as in surveying 
coasts, providing harbors, furnishing maps and 
charts, publishing weather reports, protecting sea¬ 
men by ships of war, encouraging authors and in¬ 
ventors by copy and patent rights; farmers by agri¬ 
cultural schools and experiment stations; manufac¬ 
tures by duties and imports. 

(d) By providing for education and general cul¬ 
ture, in aiding schools, and establishing museums, 
art galleries, parks, libraries, etc. 

(e) Prevents by laws profanity, vulgarity, ob¬ 
scenity, and lotteries, and punishes disorders in pub¬ 
lic gatherings and in society. 

The education that it encourages should impress 
upon those that receive its benefits not only the prin¬ 
ciples and truths of science and art, but of justice, 
morality and religion. 

3d. The government is under obligations to de¬ 
fend the state and its citizens against foreign and do¬ 
mestic enemies. As a nation it guarantees protection 
to each state and to each citizen at home and abroad. 
In doing this it must be prompt and vigorous, using 
all its resources, wealth, personal service, and lives 
of its subjects, if necessary. It may enter on others’ 


CIVIL GOVERNMENT. 


13 


domain to redress its wrongs, but it has no right to 
engage in war for the acquisition of territory. 

But if governments have their duties and obliga¬ 
tions, so also citizens have their duties and obliga¬ 
tions, for, as Dr. Lieber (late professor of law in 
Columbia University) says, “ There is no right without 
a parallel duty, no liberty without the supremacy of 
law, and no high destiny without perseverence. 

The obligations of citizens to the government are 
to support its authority. 

(a) By respecting and obeying its laws and the 
officers of government. 

(b) By furnishing means for its support. 

(c) By lighting when necessary for its defense. 

(d) By voting for proper officers. 

(e) By using influence and example to correct 
its evils. 

True patriotism demands these, and if the gov¬ 
ernment jdoes not receive them it deteriorates and 
becomes corrupt and weakened in its power and influ¬ 
ence, and is more easily destroyed. There are two 
dangers to which our government is especially liable. 
The first is the failure on the part of its citizens to 
obey the first, fourth and fifth of these obligations, 
and the second is the tendency on the part of those 
who obtain office to feel and act as though the govern¬ 
ment is for their personal benefit, or for the party 
which they represent, instead of being for the good 
of the whole people who chose them to act in their 
stead. This results in the spoils system and the strife 
and intrigue to get control of the government, which 
lowers the public conscience and degrades the public 
service. 

Civil Service Reform has for its object the im¬ 
provement of the civil service of the government, 
both in state and nation, by making the tenure of 


14 


A MANUAL OF 


office more certain. This tends to remove the ap¬ 
pointment to office from the immediate partizan or 
political control. This will help to overcome these 
evils. Qualification and fitness should be the open 
door to public office. 

Nation—A people or community associated to¬ 
gether and organized under one civil government, 
and ordinarily dwelling together in distinct territory. 
A political community organized under a distinct gov¬ 
ernment recognized and conformed to by the people 
as supreme. It is of divine origin, founded in man’s 
nature, and its chief aim is to widen man’s sphere of 
social effort and guide his activity in that sphere. 

The word state is used in two different senses: 

1st. As a nation, meaning the whole body of 
people living within certain limits of territory organ¬ 
ized and united under one government. 

2d. Asa state or commonwealth, a division of a 
nation regulating its own local affairs but subject to 
the general government. 

Nations are formed when they recognize the au¬ 
thority of the government or adopt their constitution. 

In the case of states in a nation, they must be 
recognized by the nation’s authority or admitted into 
the union as in the United States. They are corpora¬ 
tions, which are an association of persons authorized 
by law to transact business as an individual. They 
are of two kinds: 

1st. Public or municipal, such as are organized 
for the purpose of government. Its organic law is 
the constitution, which usually provides for the or¬ 
ganization of other corporations within its limits, as 
cities and towns. In these individuals become mem¬ 
bers without their consent if a resident of the includ¬ 
ed territory. 

2d. Private, or those that are organized for busi- 


CIVIL GOVERNMENT. 


1 5 


ness or other purposes, such as banks, railroads, in¬ 
surance companies, and churches, schools and hospi¬ 
tals. These receive their authority from the govern- • 
ment, and usually by special or general statute law. 
Persons become members of these by choice. 

Nations receive their authority from The people 
or by their consent, and are subject to their will. 
Private corporations receive theirs from the govern¬ 
ment and are subject to its laws. 

Difference between the state or nation and the 
government: 

A nation is the whole body of people organized 
for control, in which the sovereignty resides. Gov¬ 
ernment is that part of the whole body of the people 
who are authorized to exercise the control. 

The power belonging to the nation is given by 
the Creator to the people. The power belonging to 
the government is received from the nation through 
its people, to be used only for the benefit of the 
people. 

Governments change by the will of the people at 
stated times determined by the constitution. Na¬ 
tions and states remain unless overthrown by vio¬ 
lence, or by the people yielding up their corporate 
powers to be merged into others for the common 
good. 

The trite saying of President Lincoln that ‘ k Ours 
is a government of the people, for the people, by the 
people,” expresses the keynote of our government, 
for its constitution can only be changed by the people, 
and the three functions of the government are car¬ 
ried on by representatives elected by the people un¬ 
der the constitution. 


i6 


A MANUAL OF 


FORMS OF GOVERNMENT. 

A Definition of a Republic—A form of govern¬ 
ment where the people usually adopt their own con¬ 
stitution and elect persons to represent them in the 
three functions of government. These functions or 
departments are 

1st. The Legislative, which make the laws. 

2d. The Judicial, which interpret the laws. 

3d. The Executive, which executes the laws. 

Other countries have other forms of government. 
These are classified as an Aristocracy, a government 
by the nobles; Democracy, a government by the peo¬ 
ple; Monarchy, a government by a ruler, w T ho usu¬ 
ally inherits the position and holds it during life. 

Monarchies are classified as absolute and limited. 
Absolute, where the authority is not limited by a con¬ 
stitution or laws. Limited, where the authority is 
limited by a constitution and laws which restricts the 
sovereign in the exercise of the power in favor of the 
people. 

These different forms of government vary in the 
rights they give to the rulers, and to the people, and 
in the forms of the constitutions they have as the 
foundations of the government. 

The constitution of Great Britain consists of es¬ 
tablished usages. It is not written like ours, as a 
special organic law, nor was it adopted by the people, 
but it was a growth or evolution as the people ad¬ 
vanced in civilization and wrested from their rulers 
their rights. The obtaining of the Magna Charta 
from King John in 1215, in the Valley of Runnymede, 
by the Barons, is an example of how some of the 
rights were obtained. It is composed of all the great 
charters and statutes enacted from time to time since 
King John left the throne of England, 1216, with such 


CIVIL GOVERNMENT. 


17 


customs and precedents as have the sanction of long 
usage. 

The Legislature of Great Britain consists of the 
House of Lords, composed of Lords Spiritual and 
Lords Temporal, and is presided over by the Lord 
Chancellor, Lord Keeper of the Great Seal. 

There are 26 Lords Spiritual. Of these 2 are archbishops and 
24 are bishops. The Lords Temporal in England are hereditary, 
and their number varies because the king has power to create 
peers. Of these there are 16 Scotch peers elected for one year, 
28 Irish elected for life. From England there are 6 princes of the 
blood, 21 dukes, 22 marquises, 116 earls, 25 viscounts, 299 barons, 
making in all 558 members. 

The House of Commons. This in 1885 consisted 
of 670 members chosen by the people. These are 
elected in England as follows: 

From counties 253, boroughs 227, universities 5. Scotland— 
counties 39, boroughs 31, universities 2. Ireland—counties 85, 
boroughs 16. universities 2. This was established by Earl Simon 
de Montfort, who. in 1265. called 2 citizens from each city, 2 from 
each borough, and 2 knights from each county, to join with the 
barons and clergy in their deliberations. 

The House of Commons elects its own Speaker. 
The Members of Parliament do not receive any com¬ 
pensation. All money bills must originate in the 
House of Commons, and the House of Lords must 
either pass or reject them without alteration. The 
sovereign has an absolute veto or negative on all acts 
of Parliament, but has not exercised it for 200 years. 
The sovereignty of England resides in the Parlia¬ 
ment. 


i8 


A MANUAL OF 


CHAPTER II. 

HISTORY OF OUR NATIONAL GOVERNMENT. 

The United States was settled by colonies from 
different countries. These were groups of inhabi¬ 
tants settled in different places who were subject to 
the government of the mother country. These all 
finally came under the government of Great Britain. 
These colonial governments were, according to Black- ' 
stone, of three kinds, deriving their authority from 
the crown, according to their charters, and all w T ere 
more or less subject to the mother country. These 
charters derived from the king determined the limits 
of their territory, and authority and the form of gov¬ 
ernment. 

1st. Provincial or Royal. 

. These had a governor and council appointed by 
the crown, and a legislature elected by the people. 
The governor, council and legislature constituted the 
Provincial Assembly, which made local laws subject 
to the approval of the crown. The governor and 
council appointed the judges and magistrates. Ex¬ 
amples: New Jersey, Virginia, New York, New 
Hampshire, Georgia, North and South Carolina. 

2d. Proprietary. 

Grants of territory were made by the king to in¬ 
dividuals who thus became proprietors and controled 
the territory thus given. The proprietors appointed 
the governor, convened the legislature and appointed 
the judicial officers. Examples: Maryland by Lord 
Baltimore; Pennsylvania and Delaware by Wm. Penn. 

3d. Charter. 

These were instruments given by the king which 
gave the soil of a definite territory and the power of 


CIVIL GOVERNMENT. 


19 


government to the grantees and their associates and 
successors. The colonists organized the legislature, 
claiming their rights as Englishmen. These charters 
were similar to our state constitutions. Connecticut 
was granted hers in 1662 and adopted her state con¬ 
stitution in 1818. Rhode Island received hers the 
same year and did not give it up till 1842, fifty years 
after she adopted the constitution of the United 
States. Examples: Massachusets, Connecticut and 
Rhode Island. All the other states had, upon recom¬ 
mendation of Congress in 1776, adopted state consti¬ 
tutions prior to 1780 suited to their conditions. The 
king and parliament claimed the right to alter or re¬ 
voke these charters whenever they chose, which the 
colonist denied. These claimed that they were sol¬ 
emn compacts between them and the crown, which 
could not be revoked unless by mutual consent or un¬ 
less they were forfeited by some act of the grantees. 
This was a frequent source of contention and one of 
the causes that led to the final separation. The colo¬ 
nies were dependencies of the mother countries or 
the crown from which they received their corporate 
existence, and their laws must not conflict with those 
of England; while on the other hand the citizens of 
the colonies were entitled to the protection of the 
British Government, and as Englishmen they claimed 
that they could not be taxed without their consent. 
The conflicting interests between the colonies and 
the mother country led to efforts for the union of the 
colonies, as in 1734 and 1754. 

In 1765 a congress of delegates, called the Colo¬ 
nial Congress, met in New York to consider their 
rights and privileges and to obtain redress from the 
mother country, the immediate cause of which was 
the passage of the Stamp Act. 

Upon the recommendation of Massachusetts, the 


20 


A MANUAL OF 


First Continental Congress met at Carpenter’s Hall, 
Philadelphia, Sept. 5, 1774, “to deliberate on the 
state of affairs.” This consisted of delegates from 
all the colonies except Georgia, 53 in all. Among the 
leading men present were John and Samuel Adams, 
of Massachusetts; Roger Sherman, of Connecticut; 
John Jay, of New York; Peyton Randolph, the chair¬ 
man, Richard H. Lee, Patrick Henry and George 
Washington, of Virginia. They first determined that 
each colony should have one vote. They adopted the 
declaration of rights, and voted an address to the 
king, to the people of Great Britain, to the colonies, 
and to the inhabitants of Quebec, concerning their 
grievances, and asked redress of the mother country. 
They adjourned Oct. 26th. A Second Congress as¬ 
sembled May 10, 1775, at Independence Hall, with 56 
members present, and continued in session with oc¬ 
casional adjournments till the present constitution 
went into operation in 1789, March 4th. The mem¬ 
bers were elected by the legislature and held office 
one year. 

The Declaration of Independence was adopted 
July 4, 1776, and Congress, by the consent of the peo¬ 
ple, became the governing power in the United 
States. The Declaration of Independence was in the 
name of the people and claimed the right of sover¬ 
eignty which. Great Britain had exercised, and she 
acknowledged this right when she signed the treaty 
of peace in 1783. The sovereignty thus acquired 
gave the colonies national and international rights, 
functions never possessed or claimed before, and 
which they were not yet fully prepared to exercise 
as a nation, because they were not yet independent 
states, competent to establish a nation. 


CIVIL GOVERNMENT. 


21 


THE CONFEDERATION. 

June 11, 1776, the same day that the committee* 
was appointed to draft the Declaration of Independ¬ 
ence, another committee was appointed to prepare 
and digest a form of confederation to be entered into 
by the colonies. This committee consisted of one 
member from each colony. They reported a draft of 
“Articles of Confederation and Perpetual Union be¬ 
tween the States,” which, after being debated for a 
long time, was, after several modifications, agreed to 
by Congress Nov. 15, 1777. These thirteen articles 
were to become binding when ratified by the thirteen 
colonies, and they did not go into effect until March 
1, 1781, when Maryland granted her approval. They 
were not designed to make a government, but as a 
league of friendship between the states, and were 
ratified by the state legislatures. Reasons for their 
failure: 

1. They could not make a nation out of inde¬ 
pendent states. 

2. It had no president or national judiciary. 

3. Its congress consisted of but one house, 
which had no coercive authority to execute any of its 
constitutional measures nor punish its own members. 

4. It could not collect taxes or revenues, as this 
belonged to the states. 

5. It could not enforce treaties. 

6. It had no power to regulate commerce at 
home or abroad. 


*The committee appointed June 11, 1776, to draft the Declara¬ 
tion of Independence, consisted of Thos. Jefferson, John Adams, 
Benjamin Franklin, Roger Sherman and Robert Livingston. It 
was written by Thos. Jefferson, and was signed Aug. 2d by 54 del¬ 
egates. Subsequently the other 2 from New York signed it. 



22 


A MANUAL OF 


7. It could neither pay its ambassadors, pay 
debts, buy bullion, nor pay soldiers. 

8. It could neither settle disputes between the 
states, nor cause uniformity of laws and government 
between them, which resulted in the most opposite 
regulations in the states, and jealousies and rivalries 
between them. 

9. It could not protect a state from invasion nor 
aid them in rebellion. 

10. The states could nullify any of its acts. 

Hamilton said, “It had power to declare any 

thing and do nothing. ” It was but an experiment in 
the evolution of a nation, which soon taught them 
their need and prepared them for the presentation of 
the Constitution, and eventually for its adoption. 

ORIGIN OF THE PRESENT CONSTITUTION. 

The defects of the Articles of Confederation were 
soon apparent. Washington said that to form a new 
constitution, which would give consistency, stability 
and dignity to the union, was the great problem of 
the times. 

In January, 1786, the Legislature of Virginia ap¬ 
pointed commissioners to meet with those of other 
states to consider the subject of trade with reference 
to a uniform system of commercial regulations. 
These,, with representatives from four other states, 
met Sept. 11, 1786, at Annapolis. These prepared a 
report drawrn up by Alexander Hamilton expressing 
the unanimous conviction that a general convention 
should be called to devise such provisions as might 
render the Constitution of the Federal Government 
adequate to the exigencies of the Union. Congress 
receiving this report, adopted, on Feb. 21, 1787, a res¬ 
olution calling a convention of delegates appointed by 
the several states to meet at Philadelphia the second 


CIVIL GOVERNMENT. 


23 


Monday of May next, “To revise the Articles of Con¬ 
federation and report to Congress and the several 
state Legislatures such alterations and provisions 
therein as shall, when agreed to by Congress and con¬ 
firmed by the states, render the Constitution ade¬ 
quate to the exigencies of government and the preser¬ 
vation of the Union.” According to this recommen¬ 
dation all the states, except Rhode Island, sent dele¬ 
gates to the Federal Convention which met at Phila¬ 
delphia, May 14, 1787, and organized May 25th 
by the appointment of George Washington as Presi¬ 
dent. Fifty-five members were present, among 
whom were George Washington, Alexander Hamil¬ 
ton, James Madison, Benjamin Franklin, Rufus King, 
Roger Sherman, James Wilson, Gouverneur Morris, 
and Edmund Randolph, and many others whose integ¬ 
rity and patriotism were above suspicion. Some 
favored the revision of the Articles of Confederation; 
others thought a Constitution was necessary that 
would give the powers to a supreme general govern¬ 
ment with the three departments. T^iese questions 
were discussed and modified by a number of commit¬ 
tees until Sept. 12, 1787, when the present Constitu¬ 
tion was reported. This was agreed to by the dele¬ 
gates of the states on the 15th of Sept., and signed 
by thirty-nine of them the 17th of Sept., 1787. The 
declaration of Madison, that “ there never was an 
assembly of men charged with a great and arduous 
trust, who were more pure in their natures or more 
exclusively and anxiously devoted to the object 
committed to them,” was a just estimate of the 
character of the men in the convention. Franklin 
proposed prayers at each morning session of the 
convention. Congress, receiving the Constitu¬ 
tion from the convention, referred it to the several 
state Legislatures, who called conventions chosen by 


24 


A MANUAL OF 


the people to adopt or reject it. * It met with bitter 
opposition, but was defended by such men as James 
Madison, Alexander Hamilton, John Jay and others. 
These three wrote articles for the public papers un¬ 
der the title of the “Federalist,;’ which gave an able 
interpretation of the Constitution by its framers, 
and had great influence. The Federalist is some¬ 
times referred to as “ The Political Classics of the 
United States.” The Constitution provided that 
when nine states should adopt it it should be bind¬ 
ing on those nine states. Eleven states had adopted 
it by the 26th of July, 1788. North Carolina ratified 
it Nov, 21, 1789, and Rhode Island May 29, 1790. 

On the 13th of Sept., 1788, Congress directed 
that an election be held the first Wednesday of Janu¬ 
ary, 1789, to elect electors for the selection of a Pres¬ 
ident and other officers. These electors were to 
meet the first Wednesday of February in the differ¬ 
ent states, to count the votes, and the Constitution 
was to go into effect the first Wednesday of March, 
which was the 4th of that month. George Washing¬ 
ton was unanimously elected President, 69 votes, and 
John Adams having the next higher number of 
votes, 34, was elected Vice President. 

By reason of various hindrances only 13 mem¬ 
bers of the Lower House reported for duty the 4th of 
March, so they adjourned from day to day until April 
1st, when 30 members were present, or a quorum, 
and an organization was effected. Eight senators 
from 4 states attended March 4th. These adjourned 
from day to day until April 6th, when 12 members 
were present, when they organized. The votes were 


*Madison was present every day and kept a daily record of 
the proceedings, which Congress afterwards ordered published. 



CIVIL GOVERNMENT. 


25 


counted April 21st. The inauguration took place at 
New York, April 30, 1789. 

The objects of the Constitution are stated in the 
Preamble, and when it was ratified it constituted the 
United States of America a nation. Since its adop¬ 
tion 15 amendments have been adopted. 

AMENDMENTS—HOW MADE. 

1st. By two-thirds of both Houses of Congress 
agreeing on an amendment, and this being ratified by 
the Legislature's of three-fourths of the states. 

2d. By conventions for the purpose called by 
Congress on application of two-thirds of the state 
Legislatures, and ratified by conventions in three- 
fourths of the states. 

Congress determines the mode how it shall be 
done, and all the amendments have been made accord¬ 
ing to the first method. 

The officers of the United’States enter upon their 
duties the 4th of March, and the fiscal year ends the 
13th of June, and the departments make their reports 
up to and including this date. 


CHAPTER III. 

THE UNITED STATES GOVERNMENT. 

This is divided into three departments. 
SECTION I. 

LEGISLATIVE. 

Congress consists of the Senate and the House of 
Representatives. 

The Senate consists of two members from each 
state, now ninety, who hold office six years. One- 


26 


A MANUAL OF 


third of these are elected every two years. Each 
senator has one vote. 

Mode of Election.— The two houses of the state 
Legislature of each state which shall be chosen next 
preceding the expiration of the term for which a sen¬ 
ator was chosen to represent said state in Congress, 
shall, on the second Tuesday after meeting and or¬ 
ganization, proceed by viva voce vote to name a can¬ 
didate for senator. The next day at 12 M., the tw T o 
houses shall meet in joint session, and if some per¬ 
son has received a majority of the votes cast in each 
house, he shall be declared elected. If not so elected, 
they shall cast at least one vote each day until there 
shall be a senator elected. If a vacancy occurs dur¬ 
ing a recess of the Legislature the Governor shall ap¬ 
point one to fill the vacancy to hold until the Legisla¬ 
ture shall meet and elect as above described. 

Qualifications for a Senator.— He must be 
thirty years of age, a citizen of the United States 
nine years, and a resident of the state from which he 
is chosen. He cannot hold any other office under the 
United States during his continuance in office as sen¬ 
ator. The Senate is presided over by the Vice Presi¬ 
dent, who has no vote unless the vote of the Senate is 
equally divided. 

Powers and Duties of the Senate. —It has 
sole power to judge of the qualifications of its mem¬ 
bers, to make its own rules and regulations, and to 
try impeachments. The Chief Justice presides when 
the President is being tried. In impeachment two- 
thirds of the members must concur to convict, and 
judgment shall not extend further than removal from 
office and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States; but 
those impeached are liable to indictment, trial and 
punishment in the courts provided the offense is 


CIVIL GOVERNMENT. 


punishable by law. The senators must qualify by 
taking the oath of office. When the Vice Presi¬ 
dent is absent, they elect a president, pro tempore , 
from their members, who may vote on all ques¬ 
tions, and a clerk, sergeant at arms, and door¬ 
keeper from those not members. They elect the 
Vice President if he is not elected by the electors. 
They have co-ordinate jurisdiction with the House in 
enacting laws. They meet in executive session for 
the ratifiying or rejecting of treaties, and for the con¬ 
firming or rejecting of nominations made by the Pres¬ 
ident, and other business; and in regular session for 
the enacting of laws. A majority of those elected 
constitutes a quorum. 

THE HOUSE OF REPRESENTATIVES. 

This is composed of members chosen every sec¬ 
ond year by the citizens of the several states in Con¬ 
gressional districts, which are apportioned according 
to the population, a census being taken by the United 
States every ten years. The electors in each state 
must have the qualifications requisite for electors of 
the most numerous branch of the state Legislature. 

Qualifications for a Representative.— He 
must be twenty-five years of age, seven years a citi¬ 
zen of the United States, and an inhabitant of the 
state in which he is elected. He cannot hold any 
other office in the United States, nor be appointed to 
any civil office under the authority of the United 
States which shall have been created, or the emolu¬ 
ments whereof shall have been increased during his 
term of office. 

The term of office of a representative begins the 
4th of March following his election and continues 
two years. This state has 34 representatives. A 
new state is entitled to at least one member and two 


28 


A MANUAL OF 


senators. Each organized territory has one delegate 
in Congress, but they cannot vote. Congress meets 
the first Monday of December, and the second session 
closes the third of March, making a Congress to last 
two years. 

Powers and Duties of the House.— It has sole 
power to originate impeachments, to judge of the 
qualifications of its members, to determine its own 
rules and regulations, and to originate revenue bills. 
The members must qualify by taking the oath of 
office. They elect its Speaker and other officers, 
have co-ordinate jurisdiction with the Senate in en¬ 
acting laws, elect a President when the electors fail 
to elect, judge of election returns, and compel the 
attendance of members when needed, punish dts 
members for disorderly conduct and expel them if 
necessary, by a two-thirds vote. A majority con¬ 
stitutes a quorum for the transaction of business. 
Less than this may adjourn from day to day. They 
may not adjourn for more than three days, nor 
to any other place without the consent of the Sen¬ 
ate, the same as the Senate. Vacancies are filled by 
an election in the district in which the vacancy 
exists. The election is ordered by the Governor of 
the state. 

The salaries of both houses is fixed by law at 
$5,000, and twenty cents a mile for travel in going to 
and from Washington once each way from their place 
of residence. The Speaker receives $8,000, and may 
vote on all questions. Each house must keep a 
journal of its proceedings and publish the same ex¬ 
cept when secrecy is required for the public safety. 

HOW A BILL BECOMES A LAW. 

1st. It must pass both houses by a majority 
vote and be signed by the President. 


CIVIL GOVERNMENT. 


2 9 


2d. If he refuses to sign it, he must return it to 
the house in which it originated, with his objections 
within ten days. If both houses agree to it by a two- 
thirds vote, taken by yeas and nays, it shall become a 
law without his signature. 

3d. If he neglects to return it in ten days (Sun¬ 
days excepted), it shall become a law unless Congress 
adjourns. 

To expedite business both houses have various 
standing committees, among which are the following: 
Ways and Means, Foreign Relations, Finance, Judi¬ 
ciary, Commerce, Military Affairs, Naval Affairs, In¬ 
dian Affairs. Elections, Banking, Currency, Railroads, 
etc. These are appointed in the House by the Speak¬ 
er; in the Senate by the Senate. They have a chair¬ 
man and a secretary. Their duties are to investigate 
the subjects referred to them and report. Special 
committees are appointed for special purposes. To 
give freedom for debate, each house goes into a com¬ 
mittee of the whole, in which the Speaker selects a 
chairman, and then he is a member of the committee 
and can take part in the debate. When the commit¬ 
tee rises the chairman reports its doings. For a 
more complete statement of the powers of Congress 
see the Constitution, Sec. VIII. 

SECTION II. 

EXECUTIVE OF THE UNITED STATES. 

The executive power of the United States shall 
be vested in a President, whose term of office con¬ 
tinues four years from the 4th of March after he is 
elected. Salary $50,000 and a furnished house. 

QUALIFICATIONS. 

He must be a natural born citizen, 35 years of 
age, and a resident of the United States for 14 years. 


20 A MANUAL OF 

The Vice President must have the same qualifica¬ 
tions as the President, and holds ofiice for the same 
length of time. Salary $8,000. 

HOW ELECTED. 

They are elected by electors from the several 
states. Each state appoints in a manner directed by 
the Legislature a number equal to the number of sen¬ 
ators and representatives the state is entitled to in 
Congress. Congress determines the time of choos¬ 
ing the electors, and the time for counting'the votes, 
which must be the same in all the states. 

QUALIFICATION OF ELECTORS. 

No elector shall be a senator or a representative, 
nor shall he hold any other office of trust or profit in 
the United States. 


HOW ELECTED 

They are elected at the general election, usually 
in November, one in each Congressional District in 
the state and two at large to represent the senators. 
The ratio for a representative in Congress was made 
in 1893 to be 173,901. 


NUMBER OF ELECTORS. 

The Senate now consists of 90 members, 2 from 
each of the 45 states, and the House of 357 members, 
which made the Electoral College of 1896 to consist of 
447 electors, and 224 were necessary for a choice. 
These electoral votes were distributed in these states 
as follows: 


Alabama... 
Arkansas... 
California.. 
Colorado... 
Connecticut 
Delaware... 


n 

8 

9 

4 

6 

3 


Florida. 4 

Georgia.13 

Idaho. 3 

Illinois.24 

Indiana.15 

Iowa.13 














CIVIL GOVERNMENT. 


31 


Kansas.10 

Kentucky.13 

Louisiana. 8 

Maine... .6 

Maryland ... 8 

Massachusetts. 15 

Michigan.14 

Minnesota. 9 

Mississippi. 9 

Missouri. 17 

Montana. 3 

Nebraska. 8 

Nevada. 3 

New Hampshire. 4 

New Jersey.10 

New York.36 

North Carolina.11 


North Dakota. 3 

Ohio.23. 

Oregon. 4 

Pennsylvania.32 

Rhode Island. 4 

South Carolina. 9 

South Dakota. 4 

Tennessee..12 

Texas.15 

Utah.3. 

Vermont. 4 

Virginia.12 

Washington. 4 

West Virginia. 6 

Wisconsin. 12 

Wyoming. 3 


VOTES—HOW DETERMINED. 

The electors must meet on the second Monday of 
January succeeding their election, at such place as 
the Legislature of their respective states shall desig¬ 
nate (usually at the Capitol), and vote for President 
and Vice President, one of whom shall not be an in¬ 
habitant of the state with themselves. They make 
and sign three certificates of all the votes by them 
given for President and Vice President, annexing to* 
each a certificate of the electors, furnished by author¬ 
ity of the Executive. These certified lists are sealed, 
then one copy is transmitted by special messenger to 
the President of the Senate at the seat of govern¬ 
ment. One must be forwarded by mail to the same, 
and one must be delivered to the Judge of the United 
States District Court in which the electors assembled. 

VOTES—WHEN AND HOW COUNTED. 

The President of the Senate, on the second 
Wednesday of February at IP. M., opens these votes- 
in the presence of both houses assembled in the Sen¬ 
ate Chamber, each house appointing two tellers who 
count the votes. The person having the greatest 
number of votes, if that number be a majority of all 



































32 


A MANUAL OF 


the electors, shall be the President; and the person 
having the greatest number of votes for Vice Presi¬ 
dent, if a majority, shall be the Vice President. 

ELECTION BY THE HOUSE. 

If there be not a majority vote for President, 
then the House, at least two-thirds of the states being 
represented, shall immediately, from the three per¬ 
sons having the highest number of votes, choose by 
ballot a President. . The vote shall be taken by states, 
each state having one vote, and a majority of the 
states is necessary for a choice. If there be no elec¬ 
tion by the 4th of March the Vice President must act 
as President. 

ELECTION BY THE SENATE. 

In case there is no election of Vice President, 
then the Senate must elect from the two persons hav¬ 
ing the highest number of votes. Two-thirds of the 
Senate constitutes a quorum and a majority of all the 
members elected to the Senate is necessary to a 
choice. The Vice President may, in case of a tie, 
give the casting vote. 

SUMMARY OF THE MODE OF ELECTING THE PRESIDENT 
AND VICE PRESIDENT. 

The electors are nominated by, and represent, a 
political party, and are nominated as follows: Each 
party, by its National Committee appointed at its last 
National Convention, calls a National Convention for 
that party. Then the State Committee appointed by 
a State Convention the year previous calls the State 
Convention. The County Committee or District Com¬ 
mittee calls the County or District Convention, and 
the Town Committee calls a Caucus which elects dele¬ 
gates to the County or Congressional District Con¬ 
vention. This elects delegates to the State Conven- 


CIVIL GOVERNMENT. 


33 


tion. which in turn elects delegates to the National 
Convention. Four delegates at large are elected, and 
two for each Representative District. The elect¬ 
ors are usually nominated at the conventions called to 
nominate Congressmen. The National Conventions 
nominate candidates for President and Vice Presi¬ 
dent, and adopt their party platforms and nominate a 
National Committee. Voters to vote for these candi¬ 
dates of their party must vote at the Presidential 
election held every leap year on the Tuesday follow¬ 
ing the first Monday in November, for all the electors 
nominated by his party. Vacancies in the Electoral 
College are filled according to laws passed by the 
state Legislature. 

THE PRESIDENTIAL SUCCESSION. 

In case the President dies, or is disqualified for 
performing the duties of his office, the Vice Presi¬ 
dent acts as President. If he dies or is disqualified, 
the Secretary of State, Secretary of the Treasury, 
Secretary of War, Attorney General, Postmaster 
General, Secretary of the Navy, Secretary of the In¬ 
terior, in the order named, if not disqualified, dis¬ 
charge the duties of the office until the disabilities of 
the President or Vice President are removed or a 
President shall be elected. If Congress be not in 
session, or will not be in twenty days, the Cabinet 
officer acting as President shall convene Congress in 
extraordinary session, giving twenty days’ notice of 
the time of meeting. 

DUTIES OF THE PRESIDENT. 

(a) He sees that the laws are executed. 

(b) He is the Commander-in-Chief of the army 
and navy of the United States and of the militia of 


34 


A MANUAL OF 


the several states when called into actual service for 
the United States. 

(c) He has power to grant reprieves and par¬ 
dons for offenses against the United States, except 
in case of impeachment. 

(cl) He has power to make treaties when two- 
thirds of the Senate present concur. 

(e) He nominates, and, by and with the consent 
of the Senate, appoints his Cabinet officers, ambassa¬ 
dors, public ministers, consuls, judges of the United 
States Courts and postmasters, governors of terri¬ 
tories and all other United States officers, when not 
otherwise provided for. 

(/) He may fill vacancies in these offices that 
happen during the recess of the Senate, by granting 
•commissions that expire at the close of the session. 

(g) He must from time to time give to Congress 
information in regard to the condition of affairs in the 
United States, and recommend such measures as he 
deems expedient. 

(h) He may convene Congress on extraordinary 
occasions and adjourn them when they disagree as to 
the time of adjournment. 

(i) He may sign or veto bills. 

(j) He commissions all United States officers, 
and receives foreign representatives. 

DUTIES OF THE VICE PRESIDENT. 

(a) He is president of the Senate, and may cast 
a vote when there is a tie. 

(&) In case of the disability or death of the Pres¬ 
ident, he performs the duties of that office. In this 
ease the President pro tempore presides over the 
Senate. 

The President is assisted in the administration 
of the government by eight so-called Cabinet officers, 


CIVIL GOVERNMENT. 


35 


who are the heads of the departments. Salaries, 

$ 8 , 000 . 

I. Secretary of State. He preserves the 
public archives, records, laws, arguments and 
treaties, supervises their publication, and is the cus¬ 
todian of the seal of the United States. He conducts 
the business with foreign nations and the diplomatic 
correspondence, communicates with foreign minis¬ 
ters sent to us, and with ours sent abroad. He 
grants and records passports and commissions, and 
certifies to public documents, etc. 

II. Secretary of the Treasury. He has 
charge of all moneys paid into the United States 
Treasury; has general supervision of the fiscal trans¬ 
actions of the government, the collecting of revenues, 
the auditing and payment of accounts and other dis¬ 
bursements; supervises the execution of laws relat¬ 
ing to commerce and navigation, the revenues and 
currency, the coast survey, the mint and coinage, the 
lighthouse establishments, custom houses, etc. 

III. Secretary of War. He has general 
charge of business growing out of military affairs, 
keeps the records of the army, issues commissions, 
directs the government of troops, superintends their 
payment and the purchase of supplies and ordinances, 
constructs fortifications and conducts works of mili¬ 
tary engineering and river and harbor improvements. 
The standing army of the United States consists of 
2>,171 officers and 24,784 enlisted men, making in all 
26,959. Of these officers there are only 3 acting ma¬ 
jor generals, Nelson A. Miles being the commander 
of the United States Army. The United States is 
divided into eight military departments, two of which 
are commanded by the other major generals, the 
others by brigadier generals. The military academy 
is at West Point, N. Y. Each Congressional Dis- 


A MANUAL OF 


36 

trict is entitled to one cadet, who is appointed by its 
Congressman, and each territory and the District of 
Columbia to one each, appointed by the President, 
who appoints ten at large. 

IV. Secretary of the Navy. He has charge 
of the naval establishments and all business of the 
same, issues naval commissions, instructions and or¬ 
ders, supervises the enlistment and discharge of sea¬ 
men, the construction of navy yards and docks, the 
construction and equipment of vessels, coast surveys, 
etc. The navy consists of 6 rear admirals, 10 commo¬ 
dores, besides the other officers, 2,000 men, marine 
corps and seamen, in charge of the navy yards and 
various ships of war. The naval academy is at An¬ 
napolis, Md. The cadets are appointed the same as 
for the military academy. 

V. Secretary of the Interior. He has 
charge of the survey, management, sale and grant of 
public lands, the examination of pension and bounty 
land claims, the management of Indian affairs, the 
award of patents, the taking of the census, the 
management of the government mines, etc. The 
Bureau of Education and the Geological Survey are 
branches of this department. 

VI. Postmaster General. He has charge of 
the postal system, the establishing of post offices and 
post roads and their discontinuance, the appointing 
of agents and postmasters not otherwise appointed, 
making contracts for carrying the mails, and the fur¬ 
nishing of postal supplies, etc. 

VII. Attorney General. He is the legal ad¬ 
visor of the President and members of his Cabinet. 
He examines titles, applications for pardons, con¬ 
ducts and argues suits in which the government is 
interested, etc. 

VIII. Secretary of Agriculture. His duty 


CIVIL GOVERNMENT. 


37 


is to promote the agricultural interests of the coun¬ 
try by the diffusion of useful information among the 
people, the distribution of seeds and plants, etc. He 
has charge of the Weather Bureaus, and of the 
forestry interests. This department was established 
in 1889. 

There are other important executive branches of 
the United States which have been formed to promote 
the general welfare. Among these may be men¬ 
tioned 

1. The Interstate Commerce Commission. 

Duties.— To make and enforce rules and regula¬ 
tions in regard to railroad rates. 

2. The Civil Service Commission. 

Duties.— To examine persons desiring to enter 
the public service and for those offices which require 
an educational test, and make needful regulations for 
the same. 

8. The Fish Commission. 

Duties. To determine and execute measures 
for improving the fisheries of the United States. 

4. The National Museum, Smithsonian Insti¬ 
tute, the Institute and Bureau of Ethnology. 

These were established for the advancement of 
science. 

5. The Government Printing Office. 

This was established to do the public printing, as 
reports of Departments, records and proceedings of 
Congress, etc. 

6. The Government Mints for the coining of 
money, etc. 

The heads of these departments make a report of 
business transacted each year, bearing date at the 
close of the fiscal year, the 30th of June. These are 
assisted by a large number of persons, each having 
special work to perform. Most of these are appointed 


A MANUAL OF 


38 

under the Civil Service regulations. All officers of 
the United States Government have to take the oath 
of office before entering upon their duties. This re¬ 
quires them to swear to support the Constitution of 
the United States and to perform the duties of the 
office to the best of their ability. 

FOREIGN REPRESENTATIVES OF THE GOVERNMENT. 

Ambassadors are ministers of the highest rank 
sent to represent the interests of a country at the 
seat of government of some other nation. 

Ministers are not subject to the laws of the 
country to which they are sent. 

A Minister Plenipotentiary is one invested with 
full power to transact some special business, as to 
negotiate a treaty, without being a permanent resi¬ 
dent of the country. 

Our ministers to London, Berlin, Paris and 
St. Petersburg receive $17,500 each. 

Consuls are persons commissioned to reside in a 
foreign country as agent or representative of a gov¬ 
ernment, to protect the rights of commerce, seamen, 
merchants of the country, and to aid in commercial, 
and sometimes in diplomatic, transactions with such 
country. One is usually sent to all important ports. 

The thirteen original states became the United 
States wdien they adopted its Constitution. 

New states are usually made from territories and 
are admitted by Congress by request of the inhabi¬ 
tants, when the constitution which they have adopted 
for their state government, and the number of inhab¬ 
itants, are satisfactory. 

Territories are organized and the boundaries de¬ 
termined by an act of Congress out of lands under 


CIVIL GOVERNMENT. 


39 


their jurisdiction. Their governor and secretary are 
appointed by the President and approved by the Sen¬ 
ate. Their Legislature, consisting of a Council and a 
House of Representatives, are elected for two years 
and holds biennial sessions. This appoints the audit¬ 
or, treasurer, and superintendent of common schools. 
Each territory is divided into three Judicial Districts, 
and the Supreme Court consists of a Chief Justice 
and two associates appointed by the President and 
Senate for four years. Its jurisdiction is appellate. 
In each of these districts one of these justices holds 
a District Court w 7 ith original jurisdiction. The lower 
courts are, a Probate Court presided over by a 
probate judge elected in each county for two years, 
and justices of the peace elected to have jurisdic¬ 
tion over minor cases. 

SECTION III. 

JUDICIAL DEPARTMENT OF THE UNITED STATES. 

The judicial power of the United States shall be 
vested in one Supreme Court, and in such Inferior 
Courts as Congress may from time to time ordain 
and establish. The judges in these are nominated by 
the President and approved by the Senate, and hold 
office during good behavior. Their salaries are de¬ 
termined by Congress, and shall not be diminished 
during their term of office. 

The United States Courts as now established 
are as follows: 

I. District Courts. The United States, in¬ 
cluding territories, are divided into 71 judicial dis¬ 
tricts, presided over by 66 judges, each judge assisted 
by a district attorney, marshal, clerk, and such other 
officer as are needed. Each state has at least one dis¬ 
trict court. The states and territories are divided in- 


40 


A MANUAL OF 


to these districts in which courts are held by the 
district and circuit judges at stated times. New York 
state is divided into 3 districts, Northern, Southern 
and Eastern. These are divided into smaller dis¬ 
tricts, in each of which the circuit judge appoints a 
United States Commissioner, who assists the United 
States courts in securing evidence and in making 
preliminary examinations and arresting and holding 
for trial persons accused of crimes against the United 
States. By a law of the United States a judge or 
magistrate of a state may order the arrest of a per¬ 
son charged with a crime against the United States, 
and such cases may be tried in the state courts. 
The District Court has only original jurisdiction. 
The salaries of the judges are from $3,500 to $5,000. 

II. Circuit Courts. The United States and 
territories are divided into 9 judicial circuits, each 
presided over by a judge who resides in the circuit. 
These hold courts either alone or with one of the 
associate justices, or with a district judge. The cir¬ 
cuit justice must visit each district in his circuit at 
least once in two years. These courts have original 
jurisdiction in certain civil and criminal cases, and 
appellate from the District Courts. Salaries $6,000. 

III. Circuit Courts of Appeal. In 1891 was 
organized this court consisting of three judges in 
each circuit to relieve the Supreme Court of a part of 
its overgrown business. The justices of the Supreme 
Court, the circuit and district judges are competent 
to sit in their respective circuits. This court can re¬ 
view on appeal, or w T rit of error, the final decisions of 
the District and Circuit courts. These courts hold a 
term each year in the several circuits in certain des¬ 
ignated places. 


CIVIL GOVERNMENT. 


41 


IV. Supreme Court. This consists of 9 mem¬ 
bers presided over by the Chief Justice, assisted by 
eight associate justices. This meets in Washington 
the second Monday of October in each year, holding 
one term annually. A majority constitutes a quorum, 
and a majority of these must agree on a decision. It 
has original jurisdiction in cases atfecting ambassa¬ 
dors, ministers, consuls, admiralty cases, and cases 
in which a state is a party; and appellate from lower 
courts in federal and constitutional questions arising 
in the state or nation, and the constitutionality of 
their laws, and the validity and construction of 
treaties. In the case of crimes the trial is by a jury 
and in the state where the crime was committed. 
Treason is tried in this court. This shall consist only 
in levying war against the United States, or in adher¬ 
ing to their enemies, giving aid and comfort. Two 
witnesses to the same overt act-or confession in open 
court are necessary to convict. The judges of this 
court hold courts in the circuit in which they reside. 
The salary of the Chief Justice is $10,500. and of the 
associate justices $10,000. A judge who has served 
ten years may resign when seventy and continue to 
draw his salary during life. 

V. Court of Claims. The United States in its 
sovereignty cannot be sued, hence Congress has es¬ 
tablished a Court of Claims in which persons having 
claims against the United States can present them 
by petition, and if they are allowed Congress must 
appropriate money to pay the judgment. These 
claims may be founded upon a law of Congress, 
or upon any regulation of an Executive Depart¬ 
ment, or upon any contract with the government 
of the United States. This court consists of a 
Chief Justice and four associate justices. Their 


42 


A MANUAL OF 


salaries are $4,500, and they hold office during good 
behavior. Their session commences the first Mon¬ 
day in December. Appeals are taken to the Supreme 
Court. 

VI. Supreme Court of the District of 
Columbia. This consists of one Chief Justice and 
five associate justices, with powers similar to the 
judges of the District Courts. They have original 
jurisdiction in law and equity. As General Term 
held by all or a majority of the justices, it has appel¬ 
late jurisdiction, hearing appeals and writs of error 
from the Special Term held by one justice. 


CHAPTER IV. 

NEW YORK STATE. 

SECTION I. 

THE CONSTITUTION AND GOVERNMENT OF NEW 
YORK STATE. 

“New York,” says Bancroft, “united richest 
land with the highest adaptation to foreign and do¬ 
mestic commerce.” These, and its population, char¬ 
acter and influence in the nation, justly give it the 
name of the Empire State. Discovered by Henry 
Hudson, in the employ of the Dutch East India Com¬ 
pany, in 1609, it was claimed by the Dutch who 
made its first white settlement in 1614 on Man¬ 
hattan Island. It was ruled by Dutch governors 
who appointed their own Council and other officers 
until 1664, when it came under the control of the En¬ 
glish, wdio changed its name from New Nether land 
to New York, in honor of the Duke of York who was 
its proprietor until 1685, when it became a Royal 


CIVIL GOVERNMENT. 


43 


Colony, the Duke having become the King of England. 
In 1683 he had consented to the election of seven¬ 
teen representatives to act with the Council of ten in 
the making of a Constitution. They adopted a charter 
which gave the supreme power to the governor, to be 
appointed by the king and Council, and the people met 
in General Assembly. It ordered an Assembly to meet 
every third year. This was ratified by the king, but 
he soon tried to nullify its provisions. During the 
struggles with the kings and their governors the 
privileges and powers given to the people varied with 
the different administrations. In the attempts of 
the colonies to throw off the English rule, New York 
did her share, not only in furnishing men and mate¬ 
rials for the war, but in efforts to establish her own 
government upon a firm basis in harmony with the 
rights of the people. It has had eight Constitutional 
Conventions. These were held in 1777, 1788, 1801, 
1821, 1846, 1867, and 1894. These resulted in four 
constitutions with several amendments to the same. 

1. The convention that ratified the Declaration 
of Independence appointed a committee to draft a 
constitution for the state government. They re¬ 
ported March 12, 1777, and the constitution reported, 
which was mostly written by John Jay, was adopted 
by a vote of the people April 20, 1777. This, after be¬ 
ing amended in 1801, was in operation 44 years. In 
this suffrage was limited to property holders. 

2. A convention was called by vote of the people 
in April, 1821. This met in Albany, Aug. 28th, and 
reported a new constitution which was adopted Feb¬ 
ruary, 1822. This abolished the property qualifica¬ 
tion except for colored men, who w T ere required to 
possess a freehold of $250 and be a citizen three years. 

3. An election for a Constitutional Convention 


44 


A MANUAL OF 


was held Nov. 4, 1845. The new constitution was re¬ 
ported October, 1846, and voted upon Nov. 3d, and 
went into operation Jan. 1, 1847. This made judges 
elective, restricted elections to one day, divided 
towns into wards and election districts, and added 
the registry law. 

The convention of 1867 reported a constitution 
which was rejected in 1869, except a provision to re¬ 
organize the Court of Appeals, and to remove the prop¬ 
erty qualification from negroes. In 1874 amend¬ 
ments were proposed and passed by vote of the peo¬ 
ple changing the qualification of voters; making the 
negro on equality with others; making the offering 
of bribes a punishable offense; fixing the pay of legis¬ 
lators at $1,500, the governors at $10,000, and the lieu¬ 
tenant-governors at $5,000; requiring a vote of two- 
thirds of the members of the Legislature to pass a bill 
over the governor’s veto, and gave him power to veto 
parts of an appropriation bill, and thirty days to sign 
bills after an adjournment of the Legislature, with 
the right to sign parts of bills and reject the rest, 
and changing the law in regard to corporations. 

In 1876 two amendments were ratified by vote of 
the people, one appointing a superintendent of public 
works, to hold office during the term of the appoint¬ 
ing governor, and the appointing of a superintendent 
of prisons to hold office five years. In 1880 one was 
ratified reorganizing the Court of Appeals. In 1882 
one was ratified making the canal free and authoriz¬ 
ing a tax to pay the canal debt, and in 1883 one abol¬ 
ished the contract system in prisons. 

4. In November, 1893, delegates were elected to 
a convention which consisted of 175 members. It 
convened at Albany, May 8th, and closed its labors 
Sept. 29, 1894. Its president was Joseph H. Choate. 


CIVIL GOVERNMENT. 


45 


It was voted on November 6,1894, and adopted, and 
went into operation Jan. 1, 1895. 

Among many changes were the following: making 
the time of meeting of the Legislature the first Wednes¬ 
day of January, and the Senate to consist of 50 and 
the Assembly of 150 members, the governor, lieuten¬ 
ant governor, and the five elective officers to hold 
office for two years, and reorganized the courts of the 
state, made state and city elections occur on different 
years, the state on the even and the city officers 
on the odd years, prohibits the use of public money 
for sectarian schools, and the use of passes to pub¬ 
lic officers, etc. [See Constitution.] 

SECTION II. MISCELLANEOUS PROVISIONS. 

AMENDMENTS—HOW MADE. 

1. They must pass both houses of the Legisla¬ 
ture by a majority vote, the yeas and nays being 
taken, and then referred to the next Legislature. 

2. They must be published three months. 

3. They must be agreed to by the next Legisla¬ 
ture by a majority vote. 

4. They must be approved or ratified by a ma¬ 
jority vote of the people of the state at an election. 

5. If approved, they go into effect the 1st of 
January following the election at which it was rati¬ 
fied. 


CONSTITUTIONAL CONVENTIONS. 

At the general election in 1916, and every twenti¬ 
eth year thereafter, the question, “ Shall there be a 
convention to revise the Constitution or amend the 
same ? ” shall be decided by the electors of the state. 
If this is voted by a majority, then three delegates 
shall be elected from each senatorial district and fif¬ 
teen elected at large. These shall meet at the capitol 


46 


A MANUAL OF 


the first Tuesday of April, and their proposed Con¬ 
stitution or amendments shall be submitted to a vote 
of the electors of the state. If approved, they super¬ 
sede all others upon the same subject. 

The legal year begins January 1st, and the Leg¬ 
islature meets the first Wednesday of January of 
each year. The fiscal year begins October 1st. 

CITIZENSHIP. 

A citizen is an inhabitant of a country, subject to 
its laws and under its protection. General Bates 
says, “A citizen is a member of the body politic, 
bound to allegiance on the one side, and entitled to 
protection on the other. ” 

Citizenship gives civil rights and political rights 
to those qualified. 

Aliens obtain these by becoming naturalized. 
Naturalization may take place under law of Congress 
as follows, after five years’ residence: 

1. Application to become a citizen.—Candidates 
must make a declaration under oath of intention to 
become a citizen before a court of competent jurisdic¬ 
tion, which makes a record of his declaration and 
gives him a certificate. 

2. At least two years after his declaration he 
may become a citizen provided that 

(a)* Fourteen days before his request is acted on 
he must file with the clerk of the court in which he 
wishes to apply a written application stating his 
name and residence and the names and residence of 
the witnesses he intends to bring. A record of these 


*A United States Circuit or District Court, or a District or Supreme 
Court of a territory, or a Court of Record of any state having 
Common Law jurisdiction, is a court of competent jurisdiction. 



CIVIL GOVERNMENT. 


47 


shall be kept and open to the people, and certified 
copies shall be furnished on demand. 

(&) After the fourteen days he must prove that he 
has resided in the United States five years and that 
he has borne a good moral character. 

(c) Then he must make a written declaration 
that he renounces allegiance to all foreign powers 
and that he will support the Constitution of the 
United States. 

A certificate of citizenship is then given him 
which makes him a citizen, together with his wife and 
minor children. If he dies before naturalization is 
completed these may become citizens by taking the 
oath of allegiance. 

QUALIFICATION OF A VOTER IN NEW YORK. 

He must be twenty-one years of age, a citizen 
ninety days, a resident of the state one year, of the 
county four months, and of the election district thirty 
days. These gain him a residence. Women may vote 
at a school meeting. Students do not gain or lose a 
residence while attending school. 

Offering a valuable consideration for a vote, or a 
wager upon the result of an election, or being inter¬ 
ested in any bet, or the offering of an inducement to 
vote or withhold a vote at an election disqualifies a 
person for voting. A person convicted of a heinous 
crime is disqualified from voting unless pardoned. 

Voters must be registered at least ten days be¬ 
fore the election. Voting for state and United States 
officers must be by ballot, also for town, city and vil¬ 
lage officers unless otherwise provided by law. 

Registry and election officers shall be equally di¬ 
vided between the two political parties which at the 
last preceding election for governor polled the high¬ 
est number of votes for such office in the state. 


48 


A MANUAL OF 


These officers consist of four inspectors, two poll clerks, 
and two ballot clerks, who hold office for two years, 
and must not be candidates for any other office. 

State elections are held the Tuesday after the 
lirst Monday of November. The polls are opened at 
6 A. M. and closed at 5 P. M., when the votes must be 
counted at once by the inspectors. The candidates 
having a plurality vote are declared elected. The 
voting is done in booths to secure secrecy, accord¬ 
ing to the Australian system. Raines blanket bal¬ 
lots are now used for voting in this state. These 
have printed on one sheet the tickets of all the 
parties, and a blank ticket in w T hich the names of 
any persons not in the others may be written and 
voted for. Each party has its device printed at 
the head, and under this is a ring in which a cross 
(X) mark is to be made if one wishes to vote that 
entire ticket. If the voter desires to vote for one of 
the other candidates he must not make a cross (X) 
mark in the circle above the name of the party, but 
shall mark in the voting space before the name of each 
candidate for whom he desires to vote, on whatever 
ticket he may be. If the elector desires to vote for 
any person whose name does not appear upon the 
ballot, he can so vote by writing the name with a 
black lead pencil in the proper place in the blank 
column. Any other mark or erasure makes void the 
ballot. If a ballot is injured the voter is entitled to 
ask successively for three ballots. The ballots are 
furnished by the County Clerk at the public expense. 

The right of suffrage is the right or privilege of 
voting respecting political questions, and for candi¬ 
dates for public office; the right to participate in 
political government by the election of representa¬ 
tives, and by voting for laws and measures. 

A franchise is a political or constitutional right, 


CIVIL GOVERNMENT. 


49 


reserved to or vested in the people, as the right of 
suffrage. 

The elective franchise is the right to vote. A 
special privilege. The right to vote comes from the 
state and is a state gift. The elective franchise is 
given to women in Colorado, Wyoming and Utah, 
and in most other states they are permitted to vote 
on educational and other questions and hold certain 
offices. Naturalization is a federal right and is a gift 
of the union, not of any one state. In some states 
aliens vote after having made their declaration. Hon¬ 
orably discharged soldiers are made citizens by vir¬ 
tue of their service to the government. 

CHAPTER V. 

CIVIL POLITY OK GOVERNMENT OF NEW YORK. 

A Summary of the Divisions of the State. 

1. Road Districts, made by the Road Commis¬ 
sioner. 

2. School Districts, organized by the SchoolCom- 
missioner, Supervisor and Town Clerk, 11,047 in 
towns, 753 in villages, 4 in cities. 

3. Election Districts. A part or whole of a town, 
and the wards of cities. Organized by the Town 
Board and Common Council in cities except New 
York and Brooklyn, 5,467. 

4. School Commissioner Districts, grouped by 
the Supervisors, 114. 

5. Assembly Districts, organized under the Con¬ 
stitution, 150. 

6. Senate Districts, organized under the Con¬ 
stitution, 50. 

7. Judicial Districts, organized under the Con¬ 
stitution, 8. 


50 


A MANUAL OF 


8. Judicial Departments, organized under the 
Constitution, 4. 

9. Towns or Townships, organized and changed 
by Supervisors, 942. 

10. Counties, organized by the Legislature, 60. 

11. Congressional Districts, organized by the 
Legislature and Congress, 34. 

12. Cities, organized under a charter granted by 
the Legislature, 38. 

13. Villages or Incorporated Towns, organized 
under a general statute law, 356. 

SECTION I. 

TOWNS—THEIR DIVISIONS AND OFFICERS. 

1. Road District. A portion of a town in 
charge of officers whose duty it is to see that the 
roads are kept in good condition. 

Officers. Overseers of the Highway, or Path 
master. One for each district, appointed by the 
Road Commissioner and responsible to him. 

Duties. To make a list of the names of all the 
inhabitants in his district liable to work on the high¬ 
way, and deliver the same to the Town Clerk for the 
use of the Commissioner within 16 days after his ap¬ 
pointment; to repair and keep the roads and bridges 
in order; collect all fines and commutation money; 
keep the highways clear of weeds and brush, and 
have the stones removed at least once every month 
from April to December; notify persons when to 
work on the road, and see that the taxes are worked 
out or paid; and report all his doings, with the names 
of delinquents, to the Road Commissioner, the second 
Tuesday before the town meeting, and pay to him all 
money remaining in his hands unexpended. He also 
reports to the Supervisor the names of those that 
have not worked out their assessments, with the 


CIVIL GOVERNMENT. 


51 


number of days and the amount of tax so returned, 
and the land tax not worked out or paid by the 1st of 
October. Pay—above his tax 12^ cents per hour. 

2. School District. A portion of a city or 
town in charge of officers whose duty it is to main¬ 
tain a free public school for at least 160 days in a 
year, inclusive of legal holidays* and teachers’ insti¬ 
tutes. 

The annual school meeting is held on the first 
Tuesday of August of each year at 7.30 o’clock P. M. 
The school year begins August 1st and ends July 
31st. In small districts the officers are elected (by 
ballot) at the annual meeting, and the other business 
transacted. But in union free school districts having 
more than 300 children of school age (5-18), the voters 
may determine that the election shall be held on the 
Wednesday next following the annual meeting, be¬ 
tween the hours of 12 M. and 4 P. M. The annual 
meeting has power to elect its officers, to purchase, 
build or lease a schoolhouse, and to buy, lease and im¬ 
prove a site, and to keep all in repair; to vote a tax 
for all expenses of the school, and a tax not to exceed 
$25 for books, maps, apparatus and text books, and 
$50 for library, cases, etc. It may vote to raise 
money to furnish free text books for pupils. No tax 


* Legal holidays in this state confirmed by a statute passed 
May 19, 1897, are as follows : The 1st of January, known as New 
Year’s day ; the 12th of February, known as Lincoln’s birthday; 
the 22d of February, known as Washington’s birthday; the 30th 
of May, known as Memorial day; the 4th of July, known as Inde¬ 
pendence day; the first Monday of September, known as Labor 
day; the 25th of December, known as Christmas day; and if 
either of such days is Sunday the next day thereafter; each elec¬ 
tion day and each day appointed by the President of the 
United States and the Governor of this state as Thanksgiving day. 
Half-holiday includes the period from noon to midnight of each 
Saturday. 



52 


A MANUAL OF 


voted by a district meeting for building, hiring, or 
purchasing a schoolhouse exceeding $500 shall be 
levied by the trustees unless the school commissioner 
of the district shall certify his approval in writing, 
nor shall any schoolhouse be built until the plan for 
heating, lighting and ventilating shall be approved by 
him. It may raise money for building or adding to a 
schoolhouse, to be paid in installments, and secure 
the balance by bonds or other evidence of indebted¬ 
ness, but the payment or tax for the last installment 
shall not exceed twenty years from the time the vote 
was taken. It may empower the trustees to contract 
with the Board of Education of a city, village or 
union free school to teach the children of the district 
for 160 days in such school instead of hiring a teacher, 
and it shall be entitled to one district distributive quota 
each year as long as the contract shall be continued. 
The Board of Education so contracting with a district 
shall report the number of persons of school age in 
such district, together with theirs, and the pupils at¬ 
tending school from the district to the Superintend¬ 
ent of Public Instruction the same as resident pupils. 
Provision may be made by a tax by such school dis¬ 
trict for the conveyance of its pupils to and from the 
school which they attend. The law requires that 
children between the ages of 8 and 16 shall attend 
school a certain length of time each year, and pro¬ 
vides for the appointment of district or town officers 
for the enforcement of its requirements. Notice of 
the annual school meeting must be posted at least five 
days before the meeting in five conspicuous places, 
one of which shall be the schoolhouse. Special meet¬ 
ings require special notices. 

Qualifications of Voters at School Meetings. 

General. —They must be citizens of the United 
States, twenty-one years of age, and a resident of the 


CIVIL GOVERNMENT. 


53 


district for a period of thirty days next preceding 
any meeting held therein. 

Special.— 1 . One who owns or hires, or is in 
possession under contract of purchase, of real prop¬ 
erty in such district liable to taxation for school pur¬ 
poses. 

2. One who is the parent of a child of school age, 
provided such child shall have attended the district 
school in the district in which the meeting is held for 
a period of at least eight weeks within the school year 
preceding such school meeting. 

3. One who has permanently residing with him 
or her a child of school age w T ho shall have attended 
the district school for a period of at least eight weeks 
within the school year preceding such meetings. 

4. One w T ho owns any personal property as¬ 
sessed on the last preceding assessment roll of the 
town exceeding $50 in value, exclusive of such as is 
exempt from execution. 

Women possessing the general and any of the 
above special qualifications are entitled to vote and 
hold office. 

Both parents are entitled to vote when they have 
a child or children who attended school for eight 
w T eeks during the preceding school year in that dis¬ 
trict. 

But one such person can vote when the right de¬ 
pends upon children not their own residing with 
them, and that person must be the head of the family. 

OFFICERS OF THE COMMON SCHOOL DISTRICT. 

They must be elected by ballot, be residents 
and voters in the district, and be able to read and 
write, and they can hold only one office. 

I. Trustee. One to three, determined by the 
vote of the district. Holds office one to three years, 



54 


A MANUAL OF 


according to the number. Vacancies filled within 30 
days by vote of the district, after 30 days by the 
School Commissioner. He may be removed from 
office for willful neglect of duty by the Superintend¬ 
ent of Public Instruction. Refusal to serve when 
qualified subjects him to a fine of $5. Neglecting to 
perform a duty, he forfeits $10. 

Duties. —1 . To call all meetings, annual and 
special. 

2. To hold and have charge of the district prop¬ 
erty, keep it in repair, provide separate privies, and 
supply all the necessities of the school. He may not 
spend more than $50 for needed repairs, and $25 for 
books and apparatus, without a vote of the district. 

3. To make out a tax list of all the taxable inhab¬ 
itants in the district, and their amount of tax within 
•30 days after such tax has been voted, and to annex 
to this a warrant to the collector for its collection, 
also for needed expense when not voted. 

4. To hire and make a contract with a qualified 
teacher, and pay the same monthly by orders on the 
collector and supervisor, or treasurer, and maintain 
a school at least 160 days during the school year, in¬ 
clusive of the legal holidays and the time of attend¬ 
ance of teachers at institutes not to exceed three 
weeks. 

5. Keep an account of all moneys received and 
paid out, from whom and for what purpose, and re¬ 
port the same, with his other transactions for the 
district, to the annual school meeting. Requires 
teachers to keep an account of names, ages and at¬ 
tendance of scholars, and to verify the same under 
oath. 

6. To assist teachers in the government and 
general management of the school, establishing rules 
for its management and discipline, prescribing 


CIVIL GOVERNMENT. 


55 


courses of study, and enforcing sanitary regulations 
for the buildings and grounds. He alone has power 
to expel a student. 

7. To make a report on the first day of August 
to the School Commissioner, and deliver the same to 
the town clerk, a copy of which is to be filed in the 
clerk’s office. This report is to show the whole time 
school has been kept during the year, including holi¬ 
days; the amount paid for teachers’ wages, and for 
books and apparatus; the number of children taught 
and the total of the days’ attendance of all such chil¬ 
dren; the number of children of school age living in 
the district June 30th, with the names of the parents 
or guardian; the number of vaccinated and unvaccin¬ 
ated children; the amount of taxes levied, and the 
moneys received and paid out for all purposes and 
the items; and the whole time that the teachers’ insti¬ 
tutes were held, and if the school was closed during 
such time. 

8. He is trustee of the library, having the care 
of the bookcase to keep and preserve. 

II. Clerk. Holds office one year. 

Duties.— 1. To record and preserve the pro¬ 
ceedings of the district meetings, making a list of all 
persons voting upon all questions. 

2. To give notice according to law when ordered 
by the trustee of annual and special meetings. 

3. To notify the trustee of every resignation ac¬ 
cepted by the Supervisor, and to notify officers 
elected and appointed, also to report their names and 
post office address to the town clerk. 

4. To keep and preserve all books, records and 
papers belonging to the office and deliver them to his 
successor. 

III. Collector. Holds office one year. 

Duties. —1. To give bonds for the faithful per- 


A MANUAL OF 


56 

formance of his duties, such as the trustee may re¬ 
quire, which he must deliver to the town clerk to be 
recorded and preserved. 

2. To collect the district taxes levied by the 
trustee and placed in his hands for collection: 

3. Give written notices of his having received 
the tax list which must be posted in three conspicu¬ 
ous places, one of which shall be on the schoolhouse. 

4. To pay the moneys received to the treasurer, 
or upon orders of the trustee. 

5. Return the tax list and warrant to the trustee 
for him to deliver to the town clerk for preservation, 
and pay any balance of moneys in his hands to his 
successor when qualified. 

6. Report his collections, receipts and disburse¬ 
ments to the annual school meeting, and to the super¬ 
visor on or before the first Tuesday of March, the 
amounts of school moneys in his hands'"not paid out 
on trustees’ orders. He receives one per cent for 
moneys collected for the first 14 days, and five per 
cent for that collected afterwards. If he has to levy 
on and sell property for taxes, he receives ten cents 
a mile reckoned from the schoolhouse. 

IV. A Treasurer may be appointed by the dis¬ 
trict who shall receive the moneys from the super¬ 
visor and collector and disburse the same on trustees’ 
orders. 

V. Librarian. The trustee appoints a teacher 
of the school as librarian to have charge and supervis¬ 
ion of the library and who, with the trustee, is re¬ 
sponsible for the safety and proper care of the books. 

Vacancies in the offices of clerk, collector, treas¬ 
urer and librarian not otherwise filled may be filled 
by the trustee. 


CIVIL GOVERNMENT. 


57 


UNION FREE SCHOOL DISTRICTS. 

These may be established by the vote of the dis¬ 
tricts interested at a meeting called for that purpose 
by a majority vote of each district represented. 
There must be at least 15 voters from each district. 
The qualifications for voting and holding office are 
the same as in district schools. Their Boards of Ed¬ 
ucation consist of from three to nine trustees, deter¬ 
mined by vote of the district. These are divided into 
three classes, one of which is elected each year, and 
they hold office three years. They elect each year 
from their number a president, a clerk, who may or 
may not be of their number, and a collector and treas¬ 
urer from the taxable inhabitants of the district. 
These perform the duties of similar officers in the 
common school district, giving bonds and reporting 
to the Board of Education and to the annual meeting. 

The Board of Education is a body corporate with 
powers and duties similar to those of the common 
school district, with special duties and obligations 
It must report in writing to the annual meeting from 
what sources all moneys have been received and how 
paid out, present an estimate of the amounts neces¬ 
sary for the next year and for what purposes, and 
the amount of tax to be raised. It levies taxes, and 
has charge of all matters pertaining to the care, man¬ 
agement and control of the school. It may establish 
academic departments subject to the visitation of the 
Regents, or it may adopt as the academic department 
of the district, by vote of the electors, an existing 
academy in the district. It may establish kinder¬ 
gartens and receive the $100 quota from the state the 
same as for other teachers. It may, in districts of 
at least 5,000 population, appoint a superintendent, 
whose salary, $800, is paid from the free school fund. 
It holds meetings at least once each quarter, and 


A MANUAL OF 


58 

their committee must visit the school twice each 
quarter and report at the next meeting. It must re¬ 
port to the school commissioner and to the supervisor 
the same as the trustees of a district school. The 
union free school is under the supervision of the 
Superintendent of Public Instruction, and he may re¬ 
quire a report from its Board; and their academic 
departments are under the supervision of the Re¬ 
gents of the University. 

Cities and many villages have schools organized 
under special school acts which place them outside of 
the jurisdiction of the school commissioner and more 
under the control of the city and village corporations, 
and they have their own superintendents who receive 
their pay, in part at least, from state funds. The 
superintendent of these and union free schools has 
complete supervision of the schools and their prop¬ 
erty. He is the executive officer and the representa¬ 
tive of the Board of Education. He visits the schools, 
observes the progress of the pupils, the methods of 
the teachers, the mode of discipline, etc. He classi¬ 
fies the pupils, enforces rules and regulations, points 
out defects, suggests remedies. He promotes pupils, 
examines teachers, advises w T ith the Board and its 
committee, and reports to the Board at the close of 
the year. The Board of Education or the public 
school authority of any city except New York, or of 
any village employing a superintendent of schools, 
may establish, maintain, direct and control one or 
more schools or classes for professional instruction 
and training of teachers for not less than 38 w^eeks in 
each year. These receive for their students $1 a 
week from the free school fund, unless the amount 
exceeds $100,000 a year. Teachers in the primary 
and grammar departments in schools employing a 
superintendent must, to be employed, be a graduate 


CIVIL GOVERNMENT. 


59 


in a school with at least a three years’ course of in¬ 
struction approved by the Superintendent of Public 
Instruction, and have successfully taught three years, 
and subsequently have graduated from a school or 
class for the professional training of teachers, having 
a course of study of not less than 38 weeks. Diplo¬ 
mas of state normal and training schools and state 
certificates may be accepted in lieu of these.* All 
schools under the control of the Regents or of the 
Superintendent of Public Instruction must teach 
physiology and hygiene, having special reference to 
the effects of stimulants and narcotics upon the hu¬ 
man system. Free hand drawing is required in most 
schools. 

PREPARATION OF TEACHERS. 

Besides the academies, colleges and universities 
which the state fosters, it has provided special means 
for the preparation of teachers for their important 
work as follows : 

1. Normal Schools. 

Albany Normal Coliege, William J. Milne, President. 

Oswego Normal School, Edward A. Sheldon, Principal. 

Brockport Normal School, Chas. D. McLaen, Principal. 

Fredonia Normal School, Francis B. Palmer, Principal. 

Cortland Normal School, Francis J. Cheney, Principal. 

Potsdam Normal School, Thos. B. Stowell, Principal. 

Buffalo Normal School, James M. Cassety, Principal. 

Geneseo Normal School, John M. Milne, Principal. 

New Pultz Normal School, Frank S. Capen, Principal. 

Oneonta Normal School, James M. Milne, Principal. 

Plattsburg Normal School, Edward N. Jones, Principal. 

Jamaica Normal School, A. C. McLachlan, Principal. 

New York City has its training college. 


*Law of 1895, which goes into operation 1897. 



6o 


A MANUAL OF 


2. Pedagogic Departments. 

These are established in a number of colleges 
and universities, with required courses of study that 
furnish broad foundations for future work. 

3. Teachers’ Training Classes. 

These are taught in the academies and academic 
departments of the union free school approved by 
the Superintendent of Public Instruction. These 
must continue at least 36 weeks and have not less 
than 10 nor more than 25 pupils. Candidates for ad¬ 
mission must be at least 17 years of age, must de¬ 
clare their purpose to prepare for teaching, and to 
engage in teaching in the public schools of the state 
of New York, must be of good moral character with 
evidence of talent and aptness necessary to success 
in teaching, and agree to remain in the class during 
the year unless prevented by illness or else excused 
by the Superintendent of Public Instruction. They 
must hold either a third grade certificate and stand¬ 
ing in civil government of 60 per cent under the uni¬ 
form examinations, or a Regents’ preliminary certifi¬ 
cate and fourteen academic counts, four of which 
shall be in English, two in American history, two in 
civil government, two in physiology and hygiene, and 
the other four optional. Instruction is free. To obtain 
a certificate the student must be in attendance two 
terms of not less than 18 nor more than 20 weeks, 
three periods of 45 minutes each every school day in a 
designated course of study, must attend the teachers’ 
institutes in the district, and pass the examinations in 
all the subjects taught. The examinations occur in 
January and June. Teachers for these classes must 
be either college graduates of three years’ experience 
in teaching, or normal graduates in a higher course 
of four years’ experience, or have a state certificate 
issued since 1875. For the support of these classes 


CIVIL GOVERNMENT. 


6l 


there is appropriated $30,000 from the United States 
Deposit Fund and $30,000 from the Free School Fund. 
From this the trustees of the school receive one dol¬ 
lar a week for each pupil taught the required time. 

4. Teachers’ Institutes conducted by experi¬ 
enced instructors sent out by the Department of 
Public Instruction into the various Commissioner’s 
Districts of the state. These hold five days in one 
place and are attended by most of the teachers and 
by the training classes of the district. 

5. Summer Institutes. These are established 
under the direction of the Superintendent of Public 
Instruction, with free tuition to teachers and mem¬ 
bers of training classes, for the training and instruc¬ 
tion of common school teachers. They are held each 
year at Chautauqua, Thousand Island Park and Glen 
Falls, beginning about the middle of July and holding 
three or four weoks. Six thousand dollars are appro¬ 
priated from the Free School Fund for this purpose 
each year. Other summer schools are held in some 
of the universities and at other places for the instruc¬ 
tion of teachers and others. All these are doing val¬ 
uable work in the preparation of teachers and raising 
the standard of education. 

Public school moneys can only be paid to quali¬ 
fied teachers who are 18 years of age and who hold 
Teachers’ Certificates. These are as follows: 

1. School Commissioner’s. These may be ob¬ 
tained by passing the uniform examinations. They 
are of three grades: 

(a) Third grade, for one year, and cannot be re¬ 
newed. This now requires a knowledge of the com¬ 
mon branches and physiology and hygiene, American 
history and school law. 

(&) Second grade for two years after ten weeks 
successful teaching, and may be renewed upon re- 


62 


A MANUAL OF 


examination. This requires, in addition to a knowl¬ 
edge of subjects required for third grade, civil gov¬ 
ernment, school economy, current topics and draw¬ 
ing. 

(c) First grade for five years, and may be re¬ 
newed for three, four or five years after successful 
teaching for corresponding periods without examina¬ 
tion, This requires two years of successful teaching 
and a knowledge of algebra and elementary physics 
in addition to those required for second grade. 

2. Temporary License for six weeks pending 
the uniform examinations. 

3. Training Class Certificates for three 
years, second grade, and may be renewed the same 
as the first grade after three years of successful 
teaching. 

4. Normal School Diplomas for life after 
completing the Normal Course. 

5. State Certificates by Superintendent of 
Public Instruction, after teaching successfully two 
years and passing an examination in 25 subjects. 
These are for life. 

6. College Graduate Certificates by Super¬ 
intendent of Public Instruction to college graduates 
who have taught successfully for three years. 

7. Professional School Certificates by 
Superintendent of city and village schools to gradu¬ 
ates of their training schools. 

Hereafter certificates must be dated August 1st. 

FUNDS FOR COMMON SCHOOLS—HOW OBTAINED. 

1. About three-fourths of these are obtained 
from a tax on the inhabitants of the school district. 

2. A state school tax upon the real and personal 
estate of each county of the state of about one mill on 
each dollar for the support of the common schools of 


CIVIL GOVERNMENT. 


63 

the state, to be paid into the state treasury. The 
amount of this tax is determined each year by the 
Legislature. The amount raised in 1896 was $4,062,- 
903, which was raised by a tax of ninety-three one- 
hundredths of a mill on a dollar. 

3. The Common School Fund. This was estab¬ 
lished in 1805 from the sale of 500,000 acres of state 
lands and must be always kept inviolate. There is 
added to the capital of this each year $25,000 from 
the United States Deposit Fund. Its capital, 1896, 
amounted to $4,398,140.77 and its income was $224,- 
488.87. From this income $170,000 goes for the sup¬ 
port of common schools, which, with $75,000 from the 
United States Deposit Fund for this purpose, made 
the state moneys to be appropriated by the Superin¬ 
tendent of Public Instruction for common schools for 
1897 and 1898 as follows: 


United States Deposit Fund.$ 75,000 00 

Common School Fund. 170,000 oc 

State School Tax. 3,613,000 00 


$3,858,000 00 

This has been apportioned as follows: 


Salaries of School Commissioners.$ 113,000 00 

Supervision in Cities and Villages. 87,500 00 

School Libraries. 45,000 00 

State Teachers’ Library. 10,000 00 

Contingent Fund. 6,000 00 

Indian Schools. 3.5°5 °S 

Aggregate Attendance Quotas. 819,054 95 

District Quotas. 2,773,940 00 


$3,858,000 00 

4. The General Fund. Appropriations are made 
from the general fund for educational purposes for 
elementary education, including the expense of the 
department, normal, and other schools, and for the 
institutions for the deaf, dumb and blind, etc. 

The Common School Fund is apportioned by the 














64 


A MANUAL OF 


Superintendent of Public Instruction the 20th of Jan¬ 
uary, and is paid to the County Treasurer the third 
Tuesday of March. This is apportioned by the School 
Commissioners the third Tuesday of March to the 
districts of the several towns, and paid by the County 
Treasurer upon the School Commissioner’s order to 
the Supervisors of each town. The amount expended 
for the maintenance of the public educational inter¬ 
ests directly connected with the Department of Pub¬ 
lic Instruction in 1896 was $24,165,724.34. 

FUNDS FOR HIGHER EDUCATION. 

1. The Literary Fund. This was established in 
1786 from the sale of public lands. This has been 
augmented by grants by the Legislature and now 
amounts to $284,000. The income from this, about 
$12,000, is apportioned by the Regents for the benefit 
of academies. 

2. The United States Deposit Fund. This came 
from the surplus in the United States Treasury 
distributed to the several states in proportion to 
their Representatives in Congress for safe keep¬ 
ing in 1836. New York’s share was about $4,000,- 
000. This was set apart for Educational purposes. 
It is let by Loan Commissioners in the counties un¬ 
der the direction of the State Comptroller. Of its in¬ 
come $34,000 goes to the literary fund, $25,000 for 
public libraries, $25,000 to the capital of the common 
school fund, $75,000 to the common school revenue 
fund, and the balance is distributed to the use of 
academies. 

3. The General Revenue Fund. From this the 
Legislature annually appropriates a certain amount 
for academic examinations and for other purposes of 
higher education. For 1897 the state Legislature has 


CIVIL GOVERNMENT. 


65 

appropriated to objects under the charge of the Re¬ 
gents of the University the following*amounts: 


Expense of the Regents Office.$ 21,000 00 

Academic Departments of Union Schools. 60,000 00 

Academies. 139,112 09 

State Library. 22,900 00 

State Museum. 12,480 80 


$255,492 89 

COLLEGE LAND SCRIP. 

This grew out of a grant of 30,000 acres of public 
land, July 2, 1862, for each senator and representative 
in Congress, to the several states and territories which 
may provide colleges for the benefit of agriculture 
and mechanic arts. This state in 1863 accepted her 
share, which was 990,000 acres. April 27, 1865, the 
Legislature passed an act which appropriated to Cor¬ 
nell University the income from the sale of these 
lands. The proceeds of the sale of this land and the 
scrip are now held by this state for its benefit, and 
five per cent of these proceeds is transferred to the 
general fund and paid to its trustees each year. For 
1897 there has been appropriated for Cornell Univer¬ 
sity $34,528.80, and for the State Veterinary College 
at Cornell University $25,000. For this she gives 
free tuition to those taking the course in agriculture, 
and free scholarships each year to one scholar from 
each of the 150 assembly districts of the state. These 
are secured by competitive examinations which are 
held in the court house of each county the first Satur¬ 
day of June each year. 

These various sums appropriated for sustaining 
the numerous educational interests of the state show 
the deep interest that this state and its people have 
in the rising generations, and place us justly in the 
first rank in this direction. 

Other states have their school systems and are 








66 


A MANUAL OF 


making progress. In the Western states provision 
was made for education in the survey of the lands 
into townships six miles square. These are divided 
into 36 sections, and every 16th section was reserved 
for the maintenance of public schools in that town¬ 
ship. The 36th section has been reserved for that 
purpose since 1848. The proceeds of the sale of these 
lands constitutes a trust fund, the interest of which 
is applied by the state for the purposes intended. 
Most of these states have set apart other lands from 
which funds are derived for the support of their 
state universities. 


SECTION II. 

The divisions of the states for the better admin¬ 
istration of government varies in different sections of 
the United States. These are divided into three sys¬ 
tems: The town system, as found in the New Eng¬ 
land states, where the town is the unit; the county 
system in the Southern states where the county is 
the unit, except Louisiana, where it is called a parish; 
the mixed system, as in New York and Pennsylvania 
and in some of the Western states. These vary in 
regard to the powers residing in each, but they are 
given here as found in this state. 

TOWN OR TOWNSHIP. 

A body corporate occupying a definite portion of 
territory and exercising local jurisdiction under the 
control of the state. A subdivision of the county for 
the better administration of government. Organized 
or changed by the Board of Supervisors. 

Its legislative function is performed by the town 
meeting, wdiich is an assembly of its legal voters. 
Towm meetings are to be held according to a law 
passed May 17, 1897, biennially, the place to be deter- 


CIVIL GOVERNMENT. 


67 

mined by the electors.* The time in towns of less 
than 300,000 inhabitants is the second Tuesday of 
February. In towns containing more than this and 
less than 600,000 the second Tuesday of March, un¬ 
less these times are changed by the Board of Super¬ 
visors of the county. In such cases the time must 
be fixed between February 1st and May 1st. Polls 
open at sunrise and close at sunset. Presided over 
by the justices of the peace or some one elected when 
any of them are absent. The town clerk records the 
votes and the business transacted and keeps them on 
file. Town business from 12 M. to 2 P. M. 

The nominations for office by a town caucus of 
any party must be filed with the clerk of the town 
at least 15 and not more than 20 days before 
the town meeting or they lose their right to be 
voted for as party candidates. Vacancies occurring 
in party nominations may be filled by a majority of 
the committee of that party who signed the certifi¬ 
cate, who may make a nomination to fill such vacancy, 
and such nomination must be filed in the town clerk’s 
office at least six days before the town meeting. 

POWERS OF TOWNS AS CORPORATE BODIES. 

1. To determine the number of constables, not 
exceeding five, and pound masters that shall be 
chosen for the town. 

2. To elect such town officers as may be re¬ 
quired. 

3. To direct the prosecution or defense of all ac¬ 
tions and proceedings in which the town is interested, 
and in the raising of such sum therefor as they may 
deem necessary. 


*The times for the election of officers and for holding of office, 
etc., are stated as they will be after the laws of 1895 and 1897 
come into full operation. 



68 


A MANUAL OF 


4. To make provision for the destruction of ob¬ 
noxious weeds and animals, the changing or abating 
of public nuisances. 

5. To provide for raising funds for the support 
of the poor, the building of bridges, improvement of 
roads and other needed expense. 

6. To make needful rules and regulations in re¬ 
gard to the various town interests and determine 
questions lawfully submitted to them. 

7. To establish and maintain a pound convenient 
of access. It may purchase and hold property, make 
contracts and such orders for the disposition and reg¬ 
ulation of property as may be conducive to the public 
interest. 

All towrn officers must qualify by taking the oath 
of office and by executing such bonds as the law 7 re¬ 
quires before entering upon their duties. 

TOWN OFFICERS. 

I. Supervisor. Holds office twm years. Pay, 
$2 per day for towrn and $4 for county work. 

Duties as the executive officer of the towm: 

1. To receive the school money belonging to the 
town and pay out upon orders of the trustees. 

2. To receive and pay all moneys raised for de¬ 
fraying town charges except those raised for the sup¬ 
port of the poor and for highways and bridges. 

3. To keep a true account in a book for that pur¬ 
pose of all moneys received and paid out, and deliver 
the same to his successor. 

4. To receive and carry a certified copy of the 
report of the inspectors of election to the Board of 
County Canvassers. He represents the town in all 
suits in which it is a party and in other business 
transactions. He is the chairman of the Town Board. 

II. Town Clerk. Holds office 2 years. Pay by 
fees and $2 a day when employed by the day. 


CIVIL GOVERNMENT. 


69 

Duties. —1. To have the custody of all the rec¬ 
ords, books and papers of the town, and call special 
town meetings. 

2. To act as clerk of the town meeting, keeping 
the poll list and a record of all the orders, rules and 
regulations voted at such meeting and at the meet¬ 
ings of the Town Board. 

3. To file such papers, oaths and certificates as 
are required by law T , and to certify to various papers. 

4. To report to the Board of Supervisors all 
moneys voted in the town since their last meeting. 

5. To report to the County Clerk the names of 
all constables elected and qualifying. 

6. To keep the record of births, deaths and mar¬ 
riages in the towrn. 

7. To deliver to his successor all books, papers, 
etc., belonging to the office. 

III. Justices of the Peace. Four in each 
town, two elected biennially. They hold office 4 years 
commencing the first day of January succeeding 
their election. Pay by fees and $2 a day when em¬ 
ployed by the day. Must qualify before the County 
Clerk. 

Duties. —1. To be the judicial officer of the 
town, holding Justice Courts and Courts of Special 
Sessions. 

2. To issue warrants for the arrest of persons 
accused of crimes, also summonses for the purpose of 
bringing before them persons for trial in civil actions 
and subpoenas for witnesses. 

3. He takes acknowledgement of conveyances, 
administers oaths, acts as inspector of elections at 
town meetings, and as one of the Board of Health, etc. 

IV. Constables. Not to exceed five. Hold 
office 2 years. Pay by fees. 


70 


A MANUAL OF 


Duties.— 1 . To serve warrants, summonses 
, and subpoenas issued by the justices. 

2. To arrest persons accused of crime and bring 
them before the justice for trial, and to have the cus¬ 
tody of them. 

3. To collect moneys upon execution, and if nec¬ 
essary sell property to satisfy the same. Gives 
bonds for moneys collected. 

4. As peace officer he sees that order is pre¬ 
served in the community. 

5. To attend the higher courts in his official 
capacity when directed by the sheriff. 

V. Assessors. Three in number. Hold office 
-2 years. Pay $2 a day as assessor, and $1 50 as fence 
viewer. 

Duties. —1. To make an inventory of all the real 
estate in the town, naming the number of acres 
owned by each person, and to estimate the same at 
its real value. 

2. To make an inventory of the personal prop¬ 
erty held by the several persons in the town, and after 
deducting just debts and exempt property, to assess 
it at its full value. The equalized value of real and 
personal property forms the basis for the taxes of 
the town, county and state. The assessors meet the 
third Tuesday of August and again the first of Sep¬ 
tember each year to hear complaints and rectify mis¬ 
takes. The completed assessment rolls are delivered 
on or before.the first day of September to the town, 
village or city clerk, there to remain for 15 days, and 
public notice of the same given. A certified copy of 
the roll shall be delivered to the Supervisor on or be¬ 
fore the first day of September, who shall deliver the 
same to the Board of'Supervisors at their next meet¬ 
ing. These examine the rolls from the various towns, 
equalize and lay the taxes for the county, issue war- 


CIVIL GOVERNMENT. 


7 1 


rants for their collection, which, with the roll, are de¬ 
livered to the Supervisor. He delivers the same to 
•the Collector on or before the 15th of December. The 
Supervisor also delivers a copy of the same to the 
Town Clerk. 

VI. Collector. Holds office two years. Pay 
by fees. He gives bonds to the Supervisor for double 
the amount to be collected, with one or more sureties 
for the faithful performance of duties. 

Duties. —To receive the tax list and warrant, 
notify the public of the same, collect the taxes and 
pay the moneys over as directed in the warrant. He 
pays to the County Treasurer, on or before the 1st of 
February, all moneys collected for the county and 
state. He receives one per cent on moneys paid in 
the first four weeks, and five per cent on those paid 
in afterwards. He receives extra if property has to 
be sold for taxes. 

VII. Highway Commissioners. One to three, 
determined by the vote of the town. Hold office two 
years. Elected by a separate ballot in towns having 
incorporate villages, where the inhabitants cannot 
vote for the Commissioners. Pay $2 a day. 

Duties.— 1. To have the care and general super¬ 
vision of the highways and bridges of the town. 

2. To divide the town into districts and appoint 
overseers for the same. 

3. To lay out new, and discontinue old, roads 
when so directed by a jury legally called for that pur¬ 
pose, or upon the petition of all the property owners 
upon the proposed road. All owners agreeing he may 
lay out roads without a jury. 

4. To assess each taxable inhabitant in each dis¬ 
trict and determine the amount of tax for each, and 
the amount of work needed on the road. 

5. To receive the reports and the unexpended 


7 2 


A MANUAL OF 


moneys from the overseers of highway, and expend 
the road moneys as directed by the town, and report 
to the Town Board. 

VIII. Overseers of the Poor. One or more, 
determined by the vote of the town. They may be 
appointed by the Town Board when so voted by the 
town. Hold office two years. Pay $2 a day. 

Duties.— To look after and provide for persons 
in indigent circumstances, and furnish them with 
such support as the town is holden for or may direct. 

IX. Town Board. This consists of the Super¬ 
visor, who is chairman. Town Clerk, and two or more 
of the Justices of the Peace. This holds at least tw T o 
meetings annually at the Town Clerk’s office. The 
first is held on the Tuesday preceding the biennial 
town meeting and on the corresponding dates in each 
alternate year. This meeting is to audit the accounts 
of all officers who receive and disburse money for the 
town. They make a statement and append a certifi¬ 
cate thereto showing the accounts of each officer, and 
file the same in the office of the Town Clerk, which is 
open to the public for inspection. The second is held 
on the Thursday preceding the annual meeting of the 
Board of Supervisors. This is for the purpose of 
auditingaccounts and allowing or rejecting allcharges, 
claims and demands against the town. Duplicates of 
accounts allowed and certificates for the same shall be 
made and signed by the majority of the Board. One 
of these duplicates is to be kept on file in the Town 
Clerk’s office, and one is to be delivered to the Super¬ 
visor of the town to belaid before the Board of Super¬ 
visors at their annual meeting. This Board causes 
the amounts specified in these certificates to be levied 
and raised upon the towns in the same manner as 
they direct to levy and raise for other town charges. 
The town tax list for each town is made by some one 


CIVIL GOVERNMENT. 


73 


ordered by the Board of Supervisors, usually by 
their clerk. 

Three town Auditors may, by vote of the town, 
be elected by the electors of the town, to hold office 
for two years, who shall audit the accounts of the 
town. 

The Town Board is authorized by law to fill va¬ 
cancies occurring in the town offices. 

X. Boards of Health of Towns. The Super¬ 
visor, Justices, Town Clerk, and a citizen appointed 
by these, constitute this Board. They appoint a 
Health Officer, who must be a physician. 

Duties. —To enforce sanitary regulations for the 
town and co-operate with the State Board when re¬ 
quired. Incorporated villages may accept the Town 
Health Board instead of appointing a Health Board. 
They supervise the registration of births, deaths and 
marriages. 

XI. Fence Viewers. The Assessors and the 
Road Commissioners constitute the Fence Viewers. 
Pay $1 50 a day. 

Duties. —To settle questions and disputes in re¬ 
gard to line fences, order changes in, and removal of, 
fences, etc., when necessary, determine where fences 
on streams or other line fences shall be located, and 
settle damages arising for trespass of cattle, by 
reason of poor fences, appraise the damage for sheep 
killed by dogs, etc. 

XII. Pound Master. 

Duties. —To keep and retain all beasts delivered 
to him as strays or for trespassing, until reclaimed 
and charges paid. 

XIII. Election Officers. There must be for 
each election ward or district of the state four elec¬ 
tion inspectors, two poll clerks, and two ballot clerks. 
These are obtained as follows: 


74 


A MANUAL OF 


In Cities. The Boards of Election in Brooklyn, 
the Police Commissioner of New York, and the may¬ 
ors of other cities shall appoint for each election dis¬ 
trict, from lists furnished them by the different polit¬ 
ical parties, four inspectors, two poll clerks, two bal¬ 
lot clerks, each class of which shall be equally divided 
between the two political parties which at the last 
election polled the highest and the next highest num¬ 
ber of votes for Governor. These hold office one 
year. 

In Towns. The elected inspectors at their first 
meeting shall appoint one poll clerk and one ballot 
clerk, and the appointed inspectors shall appoint the 
other poll and ballot clerks, who shall hold office dur¬ 
ing the term of office of the inspectors appointing 
them. 

Inspectors of Election. Two of these are elect¬ 
ed for each election district at each biennial town meet¬ 
ing and two are appointed by the presiding officers 
of the town meeting for each election district. These 
shall be appointed from the political parties polling 
the highest and the next highest number of votes for 
the office of Governor at the last preceding election. 
These hold office two years. Pay $2 a day. 

Duties of Poll Clerk. —To keep the poll book 
and enter upon the same the number and names of 
the electors voting and the number of ballots voted 
by him, etc., compare the poll book with the register 
and complete the tally sheet. 

Duties of Ballot Clerk. —To deliver the official 
ballots to the electors, announce the elector’s name 
and the number of the ballot, and care for the unvoted 
ballots. 

Duties of Inspectors. —1. To attend to the 
registration of voters at the times and places ap¬ 
pointed by law. In towns the time is the third and 


CIVIL GOVERNMENT. 


75 


fourth Saturdays before election. In cities the third 
and fourth Fridays and Saturdays before the election. 

2. To make ready the polling places, ballot 
boxes, etc., and see that the regulations are complied 
with. 

3. To preside (appointing one of their number 
chairman) at the annual elections, receive the votes 
legally presented and deposit the same in boxes pro¬ 
vided for that purpose. 

4. To count the ballots at the close of the elec¬ 
tion. 

5. To prepare, immediately upon completion of 
the canvass, one original statement and two certified 
copies thereof. These are in New York and Brook¬ 
lyn delivered to the proper officers for registration, 
preservation and transmission to the state officers. 
In towns one certified copy is delivered to the Super¬ 
visor, or in his absence, to an assessor. One certi¬ 
fied copy with the poll books, one tally sheet and one 
of the registers used must be filed in the town clerk’s 
office within 24 hours after the completion of the can¬ 
vass. The original certified statement of the canvass, 
with the sealed packages of void*and protested votes, 
stubs and unvoted ballots, the record of challenged 
and assisted voters, one of the tally sheets and the 
three copies of the register must be filed within 24 
hours in the County Clerk’s office, for him to keep 
sealed for the County Board of Canvassers. 

SECTION II. 

COUNTY. 

1. A civil division of a state or kingdom created 
for political, judicial and administrative purposes. 
In England it was ruled by a count or earl and cor¬ 
responds to the English shire. 


76 


A MANUAL OF 


2. A body corporate consisting of a group of ad¬ 
jacent towns organized by the state Legislature for 
the better administration of government. There are 
60 counties in this state. The colony of New York 
was first organized into counties in 1683. The 10 
original counties were Kings, Queens, Suffolk, New 
York, Richmond, Westchester, Dutchess, Albany, 
Ulster and Orange. 

The term of county officers begins January 1st 
after the election, and they must qualify before the 
County Clerk or Judge at least ten days after receiv¬ 
ing notice of their election, and report annually to the 
Board of Supervisors. All candidates for office must 
give under oath a statement of all the expenses in¬ 
curred or paid out for their election. 

OFFICERS OF THE COUNTY. 

I. The Supervisors of the Several Towns. 

The powers of the county as a body corporate are 
vested in or can be exercised by the Supervisors, or 
in pursuance of a resolution by them adopted. Neg¬ 
lect to perform their duty subjects them to a fine of 
$250. 

Duties.— 1. As a Board of Canvassers. 

They meet on the Tuesday next following the 
election to canvass the votes from the several towns 
of the county. They elect one of their number as 
chairman. The County Clerk acts as the clerk of the 
canvass. After organization they receive all the rec¬ 
ords from the County Clerk and the Supervisors per¬ 
taining to the election,* and proceed to canvass the 
votes. Their certified statements of the result are 
filed and recorded in the office of the County Clerk. 
He makes three certified copies of these, and within 
five days transmits one copy by mail to the Secretary 


* See duties of Inspectors of Election. 



CIVIL GOVERNMENT. 


77 


of State, one to the Governor, and one to the Comp¬ 
troller of the State, of the results of the election for 
electors for President, Vice President, Congressmen, 
state officers and Constitutional Amendments. He 
also within twenty days after a general, and ten days 
after a special, election transmits to the Secretary of 
State a list of all persons elected to office in the 
county and for the Assembly and School Commis¬ 
sioners; and on or before the 15th of December a cer¬ 
tified copy of the official canvass of the votes cast in 
the county by election districts. 

The State Board of Canvassers meet on or before 
the 15th of December after a general election, or 
within 40 days after a special election, to canvass the 
votes, after which the Secretary of State notifies the 
persons elected. 

A GENERAL STATEMENT OF REQUIREMENTS IN REGARD 
TO ELECTIONS. 

In the elections of the state each party chooses 
an emblem for their ballot which shall head the col¬ 
umn for that party on the official ballot. The certifi¬ 
cates of nominations of candidates for office must be 
filed before each election as follows: For state officers, 
if party nominations, with the Secretary of State at 
least 30, and not more than 40, days. If independent 
nominations, at least 25, and not more than 40, days. 
Those to be filed wfith the County Clerk or the police 
board of the city of New r York, or clerks of other 
cities, if party nominations, at least 25; and not more 
than 35, days. If independent nominations, at least 
20, and not more than 35, days. Those to be filed 
with town or village clerk, if party nominations, at 
least 15, and not more than 20, days. If independent 
nominations, at least 10, and not more than 20, days. 
In special elections ordered by the Governor the cer- 


78 


A MANUAL OF 


tificates must be filed with the proper officer not less 
than 15 days. All nominations for office must be 
publicly advertised. Those elected at the general 
election in designated newspapers for 6 days. Those 
to be elected at town or village elections posted 
notices at least one day in 10 public places. For the 
nominations of a party to be recognized as for a party 
it must have cast for state officers at least 10,000 
votes at the last election. For independent nomina¬ 
tions for state officers at a state election there must 
be a certificate subscribed by 6,000 electors, each of 
whom shall add to his signature his place of resi¬ 
dence, and make oath that he is an elector and has 
truly stated his residence. These shall contain the 
titles of the offices and the name and residence of the 
candidates, and they are to be filed in the office of 
the Secretary of State. For elections in cities of the 
first class 2,000 certificates to be filed with the city 
clerk, except New York, where it is to be filed with 
the Police Commissioner, and in Brooklyn with the 
Board of Election. In cities of the second class 1,000 
certificates filed with the city clerk. In elections for 
county officers 1,000 certificates filed with the County 
Clerk. For School Commissioner 500 certificates 
with the County Clerk, and for towns and villages 
100 certificates filed with the town or village clerk. 

Election Districts. There were in this state 
Jan. 1, 1896, 5,467 election districts. These are es¬ 
tablished and towns divided by the Town Boards or 
by the Common Council of New York and Brooklyn 
if the towns or wards contain more than 400 electors. 

Election Expenses. The providing of polling 
places, booths and other necessary furniture, and 
the compensation of election officers in each election 
district shall be a charge upon the town or city in 
which the district is situated, except those of a village 


CIVIL GOVERNMENT. 


79 


election not held at the same time, which shall be a. 
charge upon the village. The expense of printing all 
ballots and other matter for to\\m meetings and vil¬ 
lage or city elections, not held at the same time as a 
general election, shall be a charge /upon the city, town 
or village in which the election is held. The expense 
of printing and delivering all such ballots and the list 
of nominations and those included in the city of New 
York, at any other election if no town meeting or city 
or village election be held at the same time, shall be a 
charge upon the county. The expense, where town 
meeting, city or village elections are held at the same 
time with the other, shall be apportioned by the 
County Clerk between the the county, city, town or 
village in proportion to the number of candidates 
for each. The County Clerk furnishes the ballots 
except for town meetings and for city and village 
election's when not held at the same time as the gen¬ 
eral elections. The County Clerk delivers the ballots 
and other necessary papers in a sealed package to- 
the town or village clerk, who calls for them at his 
office the Saturday before the election. These are 
delivered sealed to the Inspectors of Election one-half 
hour before the opening of the polls. 

Notices of Elections. The Secretary of State 
transmits to the clerk of each county, to the Police- 
Commissioner of New York, and to the Board of Elec¬ 
tion of Brooklyn, three months before the election, 
the date of the same and the officers to be elected at 
the general election. These are filed and recorded in 
their respective offices. These cause a copy of their 
notices to be published once a week until election in 
newspapers designated for that purpose, also the 
amendments to the constitution to be voted on, if any. 
The Town Board of each town shall prepare and post 
not less than eight notices in each election district on 


So 


A MANUAL OF 


the 1st of September of each year of the time of the 
election and the offices to be tilled. The Secretary of 
State, fourteen days before election, certifies to the 
County Clerks of each county except those connected 
with New York City, the candidates nominated by 
each party, etc., on file in his office, for whom the 
electors may vote. These send to the Town Clerk of 
each town, and alderman of each ward of a city, at 
least five printed lists of these candidates to be con¬ 
spicuously posted 3 days before election, one of which 
shall be at the polling place. 

2. As a Legislative Officer of the County. 

To meet with the other supervisors of the county 
as a Board of Supervisors at such times as they may 
deem necessary. They organize by the election of a 
chairman and clerk. After organization the Board 
passes upon the abstracts of accounts as audited by 
the several boards of the town auditors; hear the re¬ 
ports of the county officers and audit all lawful ac¬ 
counts against the county, equalize the valuation of 
the towns, apportion the state and county tax to these, 
cause the tax lists to be made out, and issues war¬ 
rants for the collectors of the towns for their collec¬ 
tion. This Board fixes the salaries of various county 
officers, makes appropriations for county expenses, 
makes rules and regulations for the transaction of 
the business of the county, divides towns and makes 
new ones, fixes the times for town meetings for the 
county when necessary, has supervision of jails, 
county houses and other county property, directs in 
their management, and performs such other duties 
and acts of legislation as the constitution and statutes 
have conferred upon them. They are entitled to 
eight cents a mile in going to and from the county 
seat at each regular and special session of the Board. 





CIVIL GOVERNMENT. 


8l 


Clerk of the Board of Supervisors. Ap¬ 
pointed by the Board. 

Duties.— 1. To record the proceedings of the 
Board meetings and publish the same, and perform 
such other duties as they may designate. 

2. To transmit to the State Comptroller, on or 
before the second Monday of December, the aggre¬ 
gate and equalized valuation of the real and personal 
estate # in each tax district of the county and the 
amount of tax assessed for all purposes; also the 
names, business, capital and stock of all incorporated 
companies in the county and the assessed value of 
the same. 

. Sheriff. One for each county. Vacancies tilled 
by the Governor. Holds office three years, and he is 
prohibited from holding the same office for the next 
succeeding term and from holding any other office 
during his ter m. Pay by fees except where a specific 
salary is allowed. He gives bonds with two sureties 
for $15,000 for the faithful performance of his duties, 
to be renewed each year. 

Duties. —1 . He is the executive officer of the 
I county, and for the state in the county. 

2. He. by himself or by his deputies, executes 
civil and criminal processes throughout the county 
for the county and state. 

3. He has charge of the jails and prisoners in 
| the same under the direction of the Supervisors. 

4. He attends the courts held in the county, hav¬ 
ing custody of the prisoners, and executes the sen¬ 
tence of the courts. 

5. He or his under sheriffs must be present at 
the drawing of jurors, and cause the same to be legal¬ 
ly summoned. 

6. He is charged with the duty of keeping the 
peace in the county, and may summon and compel 




82 


A MANUAL OF 


the assistance of citizens when necessary. He has 
deputies for whom he is responsible. 

III. County Judge. Usually one for each 
county. Holds office six years from January 1st 
after his election. His salary varies in different 
counties. 

Duties. —1. He is the presiding judge of the 
County Court, hearing and determining civil and 
criminal cases. He has original jurisdiction in cases 
where the amount involved does not exceed $2,000. 

2. He may, by request of the Judge of another 
county, hold courts in said county. 

In counties containing less than 40,000 inhabi¬ 
tants lie performs the duty of Surrogate. Counties 
containing more than this may elect a separate Sur¬ 
rogate for six years (fourteen years in New York 
County). 

Duties of Surrogate. —1. To take proof of 
wills of real and personal property. 

2. To grant letters testamentary or administra¬ 
tive authorizing persons to settle the estate of de¬ 
ceased persons. 

3. To attend generally to the settlement of the 
-estates of deceased persons. 

4. To hold Surrogate Courts at stated times as 
required by law. 

5. To appoint guardians for children without 
parents, and direct in their care and in the manage¬ 
ment of their estates. 

IV. County Clerk. One, who holds office for 
three years. Paid by fees except when a specific sal¬ 
ary is allowed. 

Duties. —1. He is the clerk of the courts of rec¬ 
ord held in and for the county, recording the testi¬ 
mony, proceedings, rulings and judgments, and ad¬ 
ministers oaths to jurors and witnesses. 




CIVIL GOVERNMENT. 


83 

2. He draws the names of grand and petit jurors 
in some counties, and makes a return of the same. 

3. He records deeds and mortgages, election re¬ 
turns, gives notices of elections, prepares the ballots, 
etc., searches the records when required, and per¬ 
forms other clerical work for the county. 

4. Acts as clerk of the County Board of Can¬ 
vassers, and transmits the results of elections to the 
Secretary of State. 

5. He has the custody of the records, books and 
papers for the county. 

V. Treasurer One, who holds office three 
years. Salary fixed by the Board of Supervisors at 
least six months before an election, which cannot be 
increased or diminished during his term of office. 

Duties.— 1 . To receive the moneys collected in 
the several towns for county and state taxes. 

2. To pay to the State Comptroller the amount 
belonging to the state. 

3. To pay out the amounts belonging to the 
county as directed by law, 

4. To receive from the State Comptroller the 
school money belonging to the county and pay the 
same to the several Supervisors as directed by the 
School Commissioners’ certificates. 

5. To make a general statement of the financial 
affairs of his office annually to the Board of Super¬ 
visors. 

VI. District Attorney. One, who holds office 
three years. Salary fixed by the Board of Supervisors. 
Vacancy filled by the Governor. He can try civil 
cases when not officially engaged and receive the fees 
for the same. He must be a counselor at law in the 
Supreme Court, except in the county of Hamilton. 

Duties. — 1 . He is the attorney for the county, 
being the legal advisor for its officers. 


8 4 


A MANUAL OF 


2. To present to the Grand Jury complaints 
made to him accusing parties of crimes, also ques¬ 
tions the witnesses. 

3. Draws bills of indictment when found by the 
Grand Jury. 

4. He prosecutes indicted persons in the County 
and Supreme Courts. 

VII. Coroners. Four, who hold office three 
years. Vacancy filled by the Governor. They are 
entitled to a reasonable compensation for holding in¬ 
quests to be audited and allowed by the Board of 
Supervisors. For performing the duties of the Sher¬ 
iff they are entitled to the same fees as the Sheriff. 

Duties.— 1. To look after and inquire into all 
matters concerning persons slain or who have died 
mysteriously. 

2. To summon a jury, subpoena witnesses, and 
ascertain, as far as possible, the facts in regard to 
the death. This is the inquest. 

3. In cases of a vacancy in the office of the Sher¬ 
iff, and there being no under Sheriff, one of the Coro¬ 
ners designated by the County Judge performs the 
duties of the Sheriff until said vacancy be filled by an 
election or appointment. 

4. They have power to arrest the Sheriff upon 
criminal process. 

VIII. Superintendent of the Poor. One or 
three, the number to be determined by the Board of 
Supervisors. Pay by the day, or salary fixed by the 
Board of Supervisors. 

Duties. To have general care of the county 
poor-house and the admission of paupers to the same. 
He appoints persons to take charge of the same and 
its inmates, and renders an account of all his doings 
and expenditures to the Board of Supervisors an¬ 
nually. His order is necessary to admit insane per- 



CIVIL GOVERNMENT. 


85 


sons to the state asylums at the county expense. In¬ 
mates of the county house from the several towns 
are kept at the expense of the towns from which they 
are sent, or at the county expense, according-to the 
system adopted. 

IX. Notaries Public. The number varies 
according to the needs. They are appointed for two 
years by the Governor and Senate. Pay by fees. 

Duties. —To demand and accept payment of for¬ 
eign bills of exchange and protest the same, and also 
notes on banks upon non-payment. They are com¬ 
missioners of deeds, administer oaths, etc. They 
must have a seal which is recognized in other states. 

X. Loan Commissioners. The Governor and 
Senate usually appoint two for each county for two 
years. They receive a percentage for business 
transacted. 

Duty. —To loan and look after the State and 
United States Deposit Fund under the direction of 
the State Comptroller, to whom they must report. 

XI. School Commissioner. One elected for 
each district every three years. Salary $1,000 a 
year, payable quarterly out of the Free School Fund. 
The Supervisors of the county are required to audit 
$200 extra for his expenses. A majority of the 
Supervisors of any School Commissioner’s District 
may increase the salary of the School Commissioner 
of that district. This increase must be levied on the 
towns of that district. Women are eligible to the 
office. They enter upon their duties the 1st of Janu¬ 
ary after they are elected. 

Duties. —1. To apportion the school moneys 
from the state among the several school districts of 
the county, the third Tuesday of March of each year. 

2. To make, on the 1st of August, an annual re¬ 
port to the Superintendent of Public Instruction con- 



86 


A MANUAL OF 


taming all the statistics embraced in the several re¬ 
ports from the trustees of the several school dis¬ 
tricts. - # t 1 

3. To visit and examine all schools in his dis¬ 
trict as often as shall be practicable each year, en¬ 
quire into all matters relating to the management, 
discipline, courses of study, modes of instruction, 
text books used, care of house, etc., and do all he can 
to elevate the character and qualifications of the 
teacher and improve the method of instruction in the 
schools. Also to examine the condition of the build¬ 
ings, sites and their appendages, and give advice in 
regard to heating, lighting, ventilating, and the gen¬ 
eral improvement of the houses and grounds; direct 
the trustees to make needed repairs and alterations 
of house not to exceed $200, repair or provide new 
furniture, and to abate nuisances. 

4. To have the boundaries of districts kept on 
file in the Town Clerk’s office, to form new districts 
when required or change boundaries of old ones in 
conjunction with the Supervisor and Town Clerk, 
condemn unfit schoolhouses, and transmit the order, 
with the reasons for the same, to the trustee, and a 
copy to the Superintendent of Public Instruction, re¬ 
quire new houses to be built and estimate the cost for 
the same, not to exceed $800, which may be increased 
by vote of the district but not decreased more than 
25 per cent. 

5. To attend the uniform examinations for 
school teachers and enforce the rules and regulations 
for the same, and send the papers to the Department 
of Public Instruction, and endorse the various cer¬ 
tificates granted by the Department to be used in his | 
district. 

6. To organize, at least once a year, or in connec- 
tion with one or more Commissioners in the county, 




CIVIL GOVERNMENT. 


87 


Teachers’ Institutes under the direction of the Super¬ 
intendent of Public Instruction, and* induce, if possi¬ 
ble, all teachers in the districts to attend and take 
part in the exercises. 

7. To visit training classes organized in acad¬ 
emies and academic departments of union free 
schools. He is expected to inspect every class under 
his jurisdiction as often as once in each month during 
the term. He is to advise with and assist the Princi¬ 
pal in the organization and management of such 
classes and report to the Department of Public In¬ 
struction the number of the class satisfying the con¬ 
ditions of admission, the character and quality of in¬ 
struction imparted, etc. He or his deputy attends 
the examinations in January and June, send the 
papers to the Department and receive and report the 
results. The class is required to attend the Teachers ’ 
Institutes in the district, and each member must 
keep a full record of the subjects discussed and the 
methods of their presentation by the instructors, and 
submit the same to the teachers of the class. 

SECTION III. 

STATE GOVERNMENT. 

The government of the state is based upon the 
Constitution which must not conflict with that of the 
nation. It consists of three departments, the Legis¬ 
lative, Executive and Judicial. 

LEGISLATIVE DEPARTMENT. 

This consists of two branches, the Senate and 
the Assembly. 

The Senate is composed of 50 members who are 
elected for two years in the senatorial districts. (See 
Constitution). 


88 


A MANUAL OF 


The Assembly is composed of 150 members 
elected for one year in the Assembly districts. 

These districts are arranged by the Legislature 
after each enumeration every ten years to make each 
as near as possible of the same number of inhabi¬ 
tants excluding aliens. Every county is entitled to 
at least one member of the Assembly except Hamil¬ 
ton, which unites with Fulton. The senatorial dis¬ 
tricts consist of a portion of a county, a whole county, 
or two or more counties, but no county can be divided 
unless it be equitably entitled to two or more mem¬ 
bers. No county may have more than one-third of 
all the Senators, nor two present adjoining counties 
more than one-half. Counties entitled to more than 
one member of the Assembly are divided by the 
Board of Supervisors, or by the Common Council in 
cities. 

I. Eligibility to the Legislature. 

1. The candidate must be a citizen 21 years of 

age. 

2. He must not, at the time of election or within 
100 days previous thereto, be a member of Congress, 
a civil or military officer under the United States, or 
an officer under any city government. 

3. The acceptance of any of these offices vacates 
his seat in the Legislature. The election for mem¬ 
bers of the Legislature is held the Tuesday succeed¬ 
ing the first Monday of November. The Legislature 
meets the first Wednesday of January. Salary 
$1,500, and mileage both ways once during session 
at ten cents a mile. 

II. Duties of the Legislature. 

Each house shall keep a journal of its proceed¬ 
ings and publish the same, except such parts as re¬ 
quire secrecy; keep open doors except when the pub¬ 
lic welfare requires secrecy. Each house determines 




CIVIL GOVERNMENT. 


89 

its own rules, judges of the qualification of its mem¬ 
bers and elects its own officers. Neither house can 
adjourn for a longer time than two days without the 
consent of the other. 

A quorum consists of a majority of all the mem¬ 
bers elected, and for a bill to pass raising a tax or af¬ 
fecting debts or appropriations three-fifths of all 
members elected shall constitute a quorum, and the 
question shall be taken by yeas and nays, Any bill 
may originate in either house and all bills passed by 
one house may be amended by the other, and the bill 
as amended must pass both houses. 

III. Bills— How Passed. 

A bill is a proposed form of legislation before it 
becomes a law r . It must be in duplicate, endorsed by 
title and accompanied by the name of the member in¬ 
troducing it. It may be introduced in the Assembly 
{a) by being placed in the bill box under the charge 
of the clerk, w T ho hands it to the Speaker; (b) by re¬ 
port of a committee; (c) by order of the house; ( d ) by 
message from the Senate. It must, after its first 
reading, be referred to a standing or select commit¬ 
tee, which report for or against it. If the report is 
favorable it must be placed on the order of its second 
reading. After this reading it is subject to debate 
and amendment. If amended it must be reprinted. 
After the third reading usually no amendments are 
permissable. These three readings must be on dif¬ 
ferent days, and it may be read in three ways, (a) 
by reading the enacting clause; ( b ) by title; (c) by 
sections. If passed, it is delivered by the clerk to 
the Senate where it receives similar treatment. Both 
houses must concur in amendments. The Enacting 
Clause of all bills presented to the Legislature is pre¬ 
scribed by the Constitution as follows: The people of 
the State of New York, represented in Senate and 


90 


A MANUAL OF 


Assembly, do enact as follows: If this by a motion is 
stricken out, it kills the bill. Private or local bills, 
must relate to a single subject only. 

A bill to become a law must receive the assent of 
a majority of both branches of the Legislature, the 
yeas and nays being entered upon the journal, and 
approved by the Governor; or if he disapprove it he 
must return it to the house from which it originated, 
with his objections, within ten days after its recep¬ 
tion. If two-thirds of both branches approve it after 
his veto it becomes a law without his signature. If 
not returned in ten days it becomes a law without his 
signature, if the Legislature is in session. If the 
Legislature adjourns before a bill has been signed he 
has thirty days to consider it, and if he signs it in 
that time it becomes a law; if he does not sign it it is 
lost. He can veto parts of an appropriation bill and 
sign the rest. 

IV. Duties of the Assembly. 

1. To take the oath of office. This is usually ad¬ 
ministered by the Secretary of State, but may be 
previously administered by judges of a Court of Rec¬ 
ord, and subsequently by the Speaker. 

2. To organize by electing a Speaker from 
among their number who may vote upon all questions. 

3. To elect a clerk who chooses his assistants, a 
sergeant-at-arms, doorkeeper and two assistant door¬ 
keepers, from persons not members of the body. 

4. To have co-ordinate jurisdiction with the Sen¬ 
ate in the enactment of laws. 

5. To prefer charges against officers for mis¬ 
conduct in office, which is called impeachment. In 
this event it appoints nine .members to present the 
case to the Senate who are called managers of im¬ 
peachment. They receive $10 a day while engaged 
in this extra work. The Assembly is called to order 




CIVIL GOVERNMENT. 


91 


by the clerk of the last Assembly, the list of mem¬ 
bers having been furnished him by the Secretary of 
State. 

V. Duties op the Senate. 

This is presided over by the Lieutenant Gover¬ 
nor, who is called the President of the Senate. The 
Senate elect a President pro tempore when he does 
not attend or is called to act as Governor. He may 
give the casting vote. 

Duties.— 1. To take the oath of office and elect 
the remaining officers. 

2. To have co-ordinate jurisdiction with the As¬ 
sembly in enacting laws. 

3. To act as a court of impeachment associated 
with the judges of the Court of Appeals. As a court 
and for meeting in executive session the pay is $10 a 
day. 

4. To confirm or reject appointments made by 
the Governor in executive session, such as United 
States Senators. Superintendent of Public Instruc¬ 
tion, Regents, etc. 

VI. Kinds op Voting. 

All members may vote upon all questions. The 
Lieutenant Governor can only vote when there is a 
tie. (a) By showing hand; (b) by acclamation; (c) by 
division of the house; (d) by viva voce; (e) by ballot; 
(/) by yeas and nays. In the election of a United 
States senator and a few other officers the viva voce 
method is used. In this the names of those entitled 
to vote are called, and they respond by naming their 
candidate. By yeas and nays voting the names are 
arranged alphabetically and as each name is called 
tjiey respond by saying yea or nay. 

VII. Impeachment. 

Public officers against whom charges have been 
preferred by the Assembly may be tried by a Court 


92 


A MANUAL OF 


of Impeachment. This court consists of a majority 
of the senators, a majority of the Court of Appeals, 
and the Lieutenant Governor, except when the Gov¬ 
ernor is being tried. In order to convict tw r o-thirds j 

of all must concur in the verdict. Penalty, removal 
from office, or removal and disqualification from hold¬ 
ing any office of trust or profit in the state. They 
may be indicted, tried and punished by the courts ac¬ 
cording to the law for crimes. 

EXECUTIVE DEPARTMENT. 

Officers in this department may be divided into 
elective and appointive, because elected by the peo¬ 
ple and appointed by the Governor and Senate. 

GOVERNOR AND LIEUTENANT GOVERNOR. 

These are elected by plurality vote of the people. 

If not thus elected, they are chosen by the Legisla¬ 
ture in joint session, the first day of the next session 
of the Legislature, from the tw T o candidates having 
an equal number of votes. They hold office two 
years. The salary of the Governor is $10,000 a year 
and a furnished house. Lieutenant Governor $5,000 
a year. 

QUALIFICATIONS. 

1st. They must be citizens of the United States. 

2d. They must be 30 years of age. 

3d. They must have been a resident of the state 
five years. 

1. Governor. 

Duties.— 1. He is commander-in-chief of all the 
military and naval forces of the state. 

2. He sees that the laws are faithfully executed 
and transacts all necessary business with the officers 
of the state government, civil and military, and wfith 





CIVIL GOVERNMENT. 


93 


other states, and expedites all measures resolved 
upon by the Legislature. 

3. Has power to convene the Legislature on ex¬ 
traordinary occasions, and the Senate in executive 
session, and to adjourn the Legislature when unable 
to agree upon a time for adjournment. 

4. Communicates to the Legislature by message 
at every session the condition of the state, and rec¬ 
ommends such measures as he deems expedient. 
He sends to the Senate the names of persons that he 
nominates for office. 

5. ' He has the power to grant pardons, reprieves 
and commutations for crimes, and make requisitions 
upon the Governors of other states for the return of 
criminals that have escaped into their states. 

II. Lieutenant Governor. 

Duties. —1. He is President of the Senate. 

2. If the Governor dies or resigns, or otherwise 
is unable to perform his duties, they devolve upon 
the Lieutenant Governor for the residue of the term. 

3. He is ex-officio one of the Commissioners of 
the Land Office, the Canal Fund, member of the Canal 
Board, trustee of the Capitol, Idiot Asylum, member 
State Board of Charities, and Regent of the Univer¬ 
sity. 

III. Secretary of State. Elected for two 
years. Salary $5,000. 

Duties. —1. He is the keeper of the records, 
books and papers belonging to the state. 

2. Receives and records all pardons, and all 
other executive and legislative acts, election returns, 
attesting to them with his signature, sends election 
notices to the proper officers, etc. 

3. Furnishes certitied and printed copies of laws 
to the United States, state and county officers and 
other persons authorized to receive the same, and 


94 


A MANUAL OF 


supervises the printing of the laws passed each year. 

4. Reports annually to the Legislature statistics 
of pauperism, crime and other information called for. 
He is a member of the Canal Board, Commissioner of 
the Land Office, a member of the Board of State Can¬ 
vassers, State Charities, a Regent of the University, 
and a trustee of the Idiot Asylum, Capitol and State 
Hall. 

IV. Comptroller. Elected for two years. 
Salary $6,000. 

Duties. —1. He superintends and manages the 
fiscal affairs of the state. 

2. Reports to the Legislature the annual reve¬ 
nues, expenditures and estimates, and audits, exam¬ 
ines and settles the accounts due the state or from it 
to others. 

3. Directs and superintends the collection of 
taxes and other moneys. 

4. Draws warrants on the Treasurer for the 
payment of state obligations, negotiates temporary 
loans if necessary to meet the demands of the state. 

5. Countersigns and registers all Treasurer’s 
checks and receipts. He is member of the Canal 
Board, State Canvassers, State Board of Charities, 
Commissioner of the Land Office and Canal Fund, a 
trustee of the Capitol, State Hall and Idiot Asylum. 

V. Treasurer. Elected for 2 years. Salary 
$5,000. 

Duties.— 1 . He has charge of all moneys paid 
into the state treasury and keeps the state bank ac¬ 
count. 

2. Pays drafts upon the warrant of the Comp¬ 
troller, the Auditor of the Canal Department, the 
Superintendent of the Banking Department, and of 
the Superintendent of Public Instruction. He is 
Commissioner of the Land Office, of the Canal Fund, 




CIVIL GOVERNMENT, 


95 


a member of the Canal Board and of the Board of 
State Canvassers. 

VI. Attorney General. Elected for two 
years. Salary $5,000. 

Duties. — 1 . He is the legal advisor of the officers 
of the state. 

2. He prosecutes and defends all suits in which 
the state is a party, receives cost adjudged to the 
state, etc. 

8. Prepares drafts of contracts, etc., for officers 
of the state, and prosecutes in their behalf persons 
violating the laws in regard to their departments. 

4. Prosecutes criminals in Trial Term when re¬ 
quired by the Governor or Justices of the Supreme 
Court. He is Commissioner of the Land Office and of 
the Canal Fund, a member of the Canal Board, of 
State Canvassers and Board of State Charities, and 
trustee of the State Capitol and State Hall. 

VII. State Engineer and Surveyor. Elected 
for 2 years. Salary $5,000. Must be a practical sur¬ 
veyor. 

Duties. —He prescribes the duties of, and as¬ 
signs divisions of the canal to engineers, and ap¬ 
points the same. Visits and inspects the canals, pre¬ 
scribes surveys, maps, plans, estimates, etc., in the 
construction and improvement of the canals. He is 
a member of the Canal Board, State Canvassers, a 
Commissioner of the Land Office and a trustee of the 
State Hall. 

VIII. Superintendent op Banking. Ap¬ 
pointed by Governor and Senate for three years* 
Salary $5,000. 

Duties. —1. He is vested with the general super¬ 
vision of the banks operated under the laws of the 
state. They report to him quarterly, and when issu- 





96 


A MANUAL OF 


mg circulating notes deposit their securities with him 
for their redemption. 

2. The Savings Banks, Trust, Loan, Mortgage 
and Indemnity Associations, report to him semi-annu¬ 
ally. Building and Mutual Loan Associations, etc., 
are under his supervision and report annually to him. 

3. He examines these regularly and reports an¬ 
nually to the Legislature. 

4. When banks prove insolvent he sells their se¬ 
curities and redeems their circulation. 

IX. Superintendent of Insurance. Ap¬ 
pointed by Governor and Senate for three years. 
Salary $7,000, paid by fees from Insurance Com¬ 
panies. 

Duties. —He has general supervision of the In¬ 
surance Companies doing business in the state, giv¬ 
ing or refusing them permission to operate in the 
state according to the condition in which he finds 
them upon examination. He reports annually to the 
Legislature. 

X. Superintendent of Prisons. Appointed 
for five years by Governor and Senate. Salary 
$ 6 , 000 . 

Duties. —He has general supervision of the pris¬ 
ons of the state and of the convicts, and appoints the 
agents, wardens, physicians and chaplains of the 
same. The prisons of the state are Clinton, Auburn, 
Sing Sing, and a woman’s prison at Auburn. The 
Comptroller appoints the clerks. 

XI. Superintendent of Public Works. Ap¬ 
pointed by Governor and Senate for the term of the 
Governor who appoints him. Salary $6,000. 

Duties. —1 . He is charged with the execution 
of all laws relating to the repair and navigation of the 
canals; also those relating to the construction and im- 



CIVIL GOVERNMENT. 


97 


provement of canals, except such as are confined to 
the State Engineer and Surveyor. 

2. He makes rules and regulations for the navi¬ 
gation and use of the canals, and appoints three as¬ 
sistants and a number of officers employed in the 
care of the canals. 

XII. Court of Claims. Three are appointed 
by the Governor and Senate for six years. Salaries 
$5,000. 

Duties.— Two of the three must be practicing 
attorneys and counselors in the Supreme Court. It 
takes the place of the Canal Appraisers and the State 
Board of Auditors. They have jurisdiction to hear, 
audit and determine all private claims against the 
state, and also the claims of the state against any 
person, and make an award therefor. They meet the 
second Tuesdays of January and November at Albany. 

XIII. Railroad Commissioners. Three, ap¬ 
pointed by the Governor and Senate for five years. 
Salary $8,000. 

Duties. —To have general supervision of all rail¬ 
roads in the state, as to the manner they are operated 
with reference to the security and accommodation of 
the public. They investigate all accidents resulting 
in loss of life or injury to persons. They have power 
to examine books and affairs of railroad corporations 
in the state and report annually. Their office is in 
Albany and they meet each month. 

XIV. Civil Service Commission. Three, ap¬ 
pointed by Governor and Senate. The term of office 
is not fixed. Salary $2,000. 

Duties— To aid the Governor in the preparation 
of suitable rules to test by practical and competitive 
examinations the capacity and fitness of applicants 
for employment in the public service of the state. 
They make regulations and control the examinations 


A MANUAL OF 


98 

of applicants, and inspect those prescribed by the 
mayors of cities. 

XV. State Assessors. Three, appointed by 
the Governor and Senate for three years. Salary 
$2,500. 

Duties.— To visit each county at least once in 
two years,- and prepare a digest of facts for the 
Board of Equalization of Assessments in the dis¬ 
charge of their duties. 

XVI. The State Board of Equalization is 
composed of the State Assessors and the Commis¬ 
sioners of the Land Office. Their duty is to equalize 
the state tax among the several counties of the state, 
and lix the amount of the real and personal property 
on which the state tax shall be levied in each county. 
They meet at Albany the first Tuesday of September 
in each year. 

XVII. Commissioner of Agriculture. Ap¬ 
pointed by the Governor and Senate for three years. 
Salary $4,000. 

Duties. —Appoints directors of Farmers’ Insti¬ 
tutes, five butter and cheese maker experts, and 
such other officers as are required to best subserve 
the interest of agriculture in the state and carry out 
the laws for the protection of these interests. He 
also has the care and custody of the forests of the 
state, etc. 

XVIII. State Canvassers. Secretary of 
State, Comptroller, Treasurer, Attorney General, 
State Engineer and Surveyor constitute this Board. 

Duties.— To canvass the votes from the counties 
of the state and declare the result. They meet on or 
before the 15th of December after a general election, 
and within 40 days after a special election. 

XIX. State Board of Health. Composed of 
three State Commissioners appointed for three years 




CIVIL GOVERNMENT. 


99 


« 

by the Governor and Senate, two of whom shall be 
physicians of not less than seven years’ practice. 
These, w T ith the Attorney General, the health officer 
of the port of New York, and the secretary elected 
by the Board, and three representatives of the city 
Boards of Health (one of which shall be a commis¬ 
sioner of health from the Board of Health from New 
York) named by the Governor, constitute this Board. 

Duties.— To take cognizance of the interests of 
health and life among the people of the state, to make 
inquiries in respect to the causes of disease, especial¬ 
ly of epidemics. To investigate the sources of mor¬ 
tality and the effects of localities, employment and 
other conditions of public health, collect information 
relative to death, disease and health. To have gen¬ 
eral supervision of the state system of registration 
of births, deaths and marriages, the transfer and 
burial of the dead, etc. It meets at least once in 
three months, and on or before the first Monday of 
December each year reports to the Governor upon 
the vital statistics and sanitary condition and pros¬ 
pects of the state. 

XX. State Board of Charities. This is com¬ 
posed of twelve members appointed by the Governor 
and Senate for eight years. One is appointed from 
each judicial district of the state, and one additional 
from the county of Kings, and three from the county 
of New York. 

Duties.— To visit annually and inspect all char¬ 
itable and eleemosynary, correctional and reforma¬ 
tory institutions, except prisons. They also inspect 
the county poor-houses and city alms-houses every 
tw T o years. They make contracts for maintenance of 
state paupers and report annually to the Legislature. 
They are reimbursed for their expenses. 

XXI. Commissioners of Lunacy. This con- 


IOO 


A MANUAL OF 


sists of three members appointed by the Governor 
and Senate for six years. One, the president, shall 
be a reputable physician of at least ten years’ experi¬ 
ence as a practitioner and five in the care and treat¬ 
ment of the insane, and who has had experience in 
the management of institutions for the insane. He 
receives annually $5,000. One shall be a reputable 
attorney and counselor-at-law of the courts of the 
state of not less than ten years’ standing He shall 
receive $3,000 annually. The third commissioner 
shall be a reputable citizen and shall receive $10 a 
day for actual services rendered. Each shall receive 
$1,200 in lieu of traveling expenses. 

Duties. —They are charged with the execution 
of the laws relating to the custody, care and treat¬ 
ment of the insane. They examine all institutions, 
public and private, authorized to care for the insane, 
their buildings and grounds, study the care and man¬ 
agement of the patients, keeping a record of all pa¬ 
tients, visiting them at least twice each year. They 
license private institutions, supervise the expendi¬ 
tures of the state hospitals for the insane, etc. They 
appoint physicians as examiners in lunacy and report 
annually to the Legislature. These hospitals are lo¬ 
cated as follows: Utica at Utica, Willard at Willard, 
Hudson River at Poughkeepsie, Buffalo at Buffalo, 
Middletowm at Middletown, Binghamton at Bingham¬ 
ton, Rochester at Rochester, St. Lawrence at Og- 
densburg, Collins at Collins, Long Island at Kings 
Park, Manhattan at New York. Each state hos¬ 
pital is under the control and management of 
seven managers appointed by the Governor. A med¬ 
ical superintendent, a physician, is appointed by the 
managers, and such other officers as are deemed nec¬ 
essary. 

XXII. Superintendent of Public Instruc- 




CIVIL GOVERNMENT. 


IOI 


tion. Elected by joint ballot at a joint session of the 
Senate and Assembly for three years on the second 
Wednesday of February next preceding the expira¬ 
tion of the then incumbent of the office. Term com¬ 
mences the 7th day of April. Salary $5,000, paid 
monthly by the Treasurer upon warrant of Comp¬ 
troller. Office in capitol. He appoints a deputy 
whose salary is $4,000; also clerks and numerous em¬ 
ployees. 

Duties. —1. He has general supervision of the 
public schools, visits them, inquires into their man¬ 
agement, advises and directs in regard to their 
courses of instruction and discipline. 

2. He apportions and distributes the public 
money appropriated by the state for the aid of 
schools on or before the 20th of January, examines 
the supplementary apportionments made to all the 
districts by the School Commissioners, and sees to 
it that to each district is set apart its proportionate 
share, and that the same is expended by the trustees 
and paid by the Supervisors of the town according 
to law. No money can be used for sectarian schools. 

3. He gives advice and direction to school 
officers, teachers and inhabitants upon questions aris¬ 
ing under the school laws and establishes rules and 
regulations concerning appeals. 

4. He hears and decides all appeals involving 
school controversies that are brought before him, 
and his decision is final. 

5. He is charged with the general management 
of Teachers’ Institutes in the various counties of the 
state; is authorized to employ instructors for insti¬ 
tutes, and to pay them, and to certify to the accounts 
for the expense incurred by the School Comjnissioners 
in conducting the same. He visits the institutes and 
advises concerning their management. 



102 


A MANUAL OF 


6. He establishes rules and regulations concern¬ 
ing district school libraries, makes appointments of 
state pupils for the instruction of the deaf and dumb 
and blind, and visits them and enquires into their 
condition and management. He has charge of the 
Indian schools. 

7. He apportions among the counties the number 
of pupils in the state normal schools to which each is 
entitled; makes laws and regulations in regard to 
teachers’ classes in academic and union schools; di¬ 
rects in regard to the examinations and the granting 
of certificates to teachers; has general supervision of 
the normal schools, except Albany, and is chairman 
of its executive committee. 

8. He receives and compiles the Commissioners’ 
abstracts of the reports from the school districts in 
the state, setting forth their condition and the ac¬ 
count of receipts and expenditures for each year, and 
reports annually to the Legislature the condition of 
the public schools. 

9. He directs School Commissioners in the uni¬ 
form examinations, suggests plans for the improve¬ 
ment of the schools and the instruction in the state, 
prepares register blanks, forms, etc., for making re¬ 
ports and distributes them to the proper officers, and 
designates the schools which shall instruct Teachers’ 
Training Classes. 

10. He is a Regent of the University, a trustee of 
Cornell and Syracuse Universities and the Idiot Asy¬ 
lum. Gideon Hawley was appointed the first 
Superintendent of Common Schools in 1812 and 
held office till .1821, with a salary of $300. He estab¬ 
lished the district system, perfected a system for the 
management of the School Fund and for its equal dis¬ 
tribution into every district, and developed a plan by 
which the vast machinery could be managed by one 



CIVIL GOVERNMENT. 


103 


man. The office of Superintendent of Public Instruc¬ 
tion was established in 1854. 

XXIII. University of the State of New 
York. Incorporated 1784. This consists of 34 col¬ 
leges of art and science, 7 colleges of art for women, 
24 medical schools, 7 law schools, 14 theological 
1 schools, 17 technical and special schools, and 469 acad¬ 
emies and academical departments of union and high 
Schools. The object of the university “ Is to encour¬ 
age and promote education in advance of the common 
; elementary branches.” It is not a teaching institu¬ 
tion but advisory and administrative. Its govern¬ 
ment is vested in a Board of Regents consisting of 
19 elected for life at a joint session of the two houses 
1 of the Legislature, and the Governor, Lieutenant 
' Governor, Secretary of State, and Superintendent of 
Public Instruction, who are ex-officio Regents. They 
receive no salary. They elect a Chancellor and a 
Vice Chancellor, and a Secretary, who receives $5,000 
a year and who is responsible for the safe-keeping of 
the seal, books and records of the office and the 
proper administration and discipline of the various 
offices and departments. Gives bonds for $10,000. 
Numerous other officers and assistants are employed 
in the work of the different departments. 

Powers and IXjties. —Besides many other im¬ 
portant powers and duties, the Regents have power 
to incorporate and to alter or revoke the charters of 
universities, colleges, academies, libraries, museums, 
or other educational institutions. To distribute to 
them funds granted by the state for their use, in¬ 
spect their workings, and require annual reports un¬ 
der oath of their presiding officers; to establish ex¬ 
aminations as to attainments in learning and confer 
on successful candidates suitable certificates, diplo¬ 
mas and degrees, and to confer honorary degrees. 




104 


A MANUAL OF 


They apportion annually $106,000 from the General 
Fund for educational purposes. A part of this is for 
buying books and apparatus for academies and high 
schools that raise an equal amount for the same pur¬ 
poses, and the remainder on the basis of attendance 
and on the results of instruction as shown in the sat¬ 
isfactory completion of prescribed courses for which 
the Regents’ examinations afford the official test. 
They also expend $25,000 for the benefit of free pub¬ 
lic libraries, apportioning not to exceed $200 yearly 
to com munities raising equal amounts, and lending 
small libraries for periods of six months where such 
assistance is needed to supplement local free libra¬ 
ries or to stimulate interest in establishing them. 
The law requires all incorporated institutions to be 
members of the University or they cannot have legal 
existence in the state. Regent’s meetings are held 
on the third Thursdays of October, December and 
March. Convocation of the Regents and officers of 
institutions in the University for the consideration of 
subjects of mutual interest is held annually in the 
Senate Chamber in Albany on the last Wednesday, 
Thursday and Friday in June. The administrative 
department indicate the work of the University: 
(a) Regents’ office, (b) examinations, (c) extension, 
(d) state library, (e) state museum.* 

XXIV. There are various other administrative 
branches or boards the names of which indicate their 
duties, such as the Board of Mediation and Arbitra¬ 
tions composed of three members whose duty it is to 
try to settle strikes, lockouts, etc. Bureau of 
Labor Statistics, Factory Inspector, State Meteoro¬ 
logical Bureau, Agricultural Experiment Station, 
State Commissioner of Excise appointed to carry out 
the Raines Liquor Law, and others. All these boards, 
commissions and departments have numerous depu- 


CIVIL GOVERNMENT. 


105 


ties, clerks and assistants to aid them in their many 
duties. 

XXV. The Militia of the State. This con¬ 
sists of all the able-bodied male citizens of the state 
between the ages of 18 and 45, and the enlisted men 
of not less than 10,000, who shall be uniformed and 
equipped, disciplined and*ready for service. The 
Governor is the Commander-in-Chief and he may call 
them out for service any where in the state. 

JUDICIARY OF THE STATE OF NEW YORK. 

All the officers are elected in the district or di¬ 
vision in which they perform their duties. 

I. Justice Courts. Held by one of the Justices 
of the Peace. It has jurisdiction in civil actions in 
which the judgment does not exceed $200. In crimi¬ 
nal cases it can try where the penalty does not exceed 
a fine of $50, or incarceration in jail for more than six 
months. Usually in higher crimes beyond its juris¬ 
diction, the criminal is arrested upon its warrant, 
and after examination is committed to jail or is 
bound over and released upon bail to await the action 
of the Grand Jury. Justice Courts have a jury of 
six in civil cases if desired. A 11 appeal goes to the 
County Court. 

II. County Court. Presided over by the 
County Judge. This has original and appelate juris¬ 
diction over civil and criminal cases in the county, 
intermediate between the Justice and District courts 
of cities and the Supreme Court. It has original 
jurisdiction in civil cases where the judgment does 
not exceed $2,000, and where both parties reside in 
the county, and appellate jurisdiction where cases 
come from the lower or district and justice courts. 
It can try criminals, but not for the higher crimes. 
Criminals must be indicted by the Grand Jury be- 


io6 


A MANUAL OF 


fore trial, and then tried by the Trial Jury of twelve 
men, which determines the facts. The Judge may 
hold courts in other counties if invited by the judge 
of that county. 

III. Surrogate Courts, or Probate Courts. 
This court is held by ^he County Judge except in 
counties having more than 40,000 inhabitants, where 
a Surrogate is elected for 6 years, except in New 
York, where they are elected for 14 years. In these 
cases they have no other official duties. The legisla¬ 
ture may appoint local officers, not more than two in 
each county, to exercise his duties, and it may confer 
on the Supreme Court of any county having a popu¬ 
lation exceeding 400,000, the powers and jurisdiction 
of the Surrogate, with authority to try issues of fact 
by a jury in probate cases. The duties of this court 
are to prove wills and settle questions arising in the 
distribution and settlement of the estates of deceased 
persons, and the care of orphan children. This court 
is not considered a court of record and its decisions 
may be reversed by the higher courts. 

IV. Supreme Court. This consists of 76 Jus¬ 
tices whose term of office is 14 years, or until they 
are 70 years of age. Their salary is $7,200 except in 
New York and Kings counties, where they have addi¬ 
tional compensation. They are elected in the districts 
in which they reside but their jurisdiction may ex¬ 
tend to all parts of the state. This court has general 
jurisdiction in law and equity and of all actions civil 
and criminal under the laws not provided for in the 
lower courts. For Judicial convenience the state is 
divided into eight Judicial Districts, which may be 
changed by the Legislature after each enumeration 
of the inhabitants of the state, and the Justices to be 
elected may be re-apportioned. The eight Judicial Dis¬ 
tricts elect Justices as follows: The 1st, embracing 



CIVIL GOVERNMENT. 


107 


the city and county of New York, 22. The 2d, Rich¬ 
mond, Suffolk, Queens, Kings, Westchester,’ Rock¬ 
land, Dutchess and Putnam counties, 12. The 3d, 
Columbia, Rensselaer, Sullivan, Ulster, Albany, 
Greene and Schoharie counties, 6. The 4th, Warren, 
Saratoga, St. Lawrence, Washington, Essex, Frank¬ 
lin. Clinton, Montgomery, Hamilton, Fulton and 
Schenectady counties, 6. The 5th, Onondaga, Jeffer¬ 
son, Oneida. Oswego, Herkimer and Lewis counties, 
7. The 6th, Otsego, Delaware, Madison, Chenango, 
Tompkins, Broome, Chemung, Schuyler, Tioga and 
Cortland counties, 6. The 7th, Livingston, Ontario, 
Wayne, Yates, Steuben, Seneca, Cayuga and Monroe 
counties, 7. The 8th, Erie, Chautauqua, Cattaraugus, 
Orleans, Niagara, Genesee, Allegany and Wyoming 
counties, 10. 

The divisions of this court are as follows: 

1. Trial Term. This is to try causes civil and 
criminal by one Justice, and a jury to try issues of 
facts. 

2. Special Term. This is to hear and decide 
motions, and appeals in law and equity, by one Jus¬ 
tice, no jury. 

3. Appellate Division. This is to hear ap¬ 
peals from the lower courts. 

For the Appellate Division the state is divided 
into four Judicial departments. The first department 
consists of the city and county of New York. The 
others are bounded by county lines, compact and 
having as nearly as possible an equal number of in¬ 
habitants. The first of these has 7 Justices, the 
other 3 have 5 each. These 22 Justices are desig¬ 
nated by the Governor from all the Justices elected. 
He also designates the presiding Justice for each, 
who must reside in the department and who shall 
act during his term of office. The others are desig- 


108 A MANUAL OF 

nated for 5 years and a majority of them must reside 
in the department. The Justices of the Appellate 
Division in each department fix the time and place 
for holding Trial and Special Terms therein, and as¬ 
sign Justices and make rules for the same. No Jus¬ 
tice can sit on any case that he acted on in its trial. 
The County Clerk is the clerk of the Supreme Court 
in the county in which it is held, and his seal is used 
by the Court, but the Appellate Division may appoint 
its clerk and the place for his office. 

V. Court of Appeals. This is composed of a 
Chief Judge and six Associate Judges who hold office 
14 years or until they are 70 years of age. The sal¬ 
ary of the Chief Judge is $10,500 and of the Associate 
Judges $10,000, with an allowance of $2,000 for travel¬ 
ing expenses. Five constitute a quorum and four 
for a decision. They can hold no other office or pub¬ 
lic trust. Their jurisdiction, except in cases w T here 
judgment is a sentence of death, shall be limited to 
the review of questions of krw. Appeals in other 
cases must come from the Appellate Division of the 
Supreme Court, except in special cases. It has full 
power to correct or reverse the decisions of the 
Supreme Court, except an unanimous decision of 
the Appellate Division. They may be removed by 
two-thirds vote of the Senate upon recommendation 
of the Governor. This Court chooses its own clerk 
and reporter, and it has its office in the State Capitol. 
Questions of the constitutionality of a law is deter¬ 
mined by the Supreme Court. 

VI. The Course of Appeals. Appeals go 
from Justice Court and other lower courts to County 
Court, from Trial or County Court to Special Term, 
from Special Term to Appellate Division, and from 
this to Court of Appeals. These higher courts may 
affirm or reverse the decisions of the lower courts or 


CIVIL GOVERNMENT. 


I09 


grant new trials. The decision must be carried out 
by the court that made it, or if a new trial be granted 
it must be tried in the same court, before a different 
jury or in a court having the same jurisdiction. Va¬ 
cancies in these courts are filled by the Governor un¬ 
til the next election. 

Lower courts may be established by the Legisla¬ 
ture but these are not to be courts of record. 

Courts of Special Sessions are continued in New 
York City. It has also Judicial Districts in which 
one Justice is elected for civil and one for criminal 
cases. 

VII. Judicial Proceedings. In these there 
are two parties, the Plaintiff, who institutes or brings 
the suit, and the Defendant, against whom the suit is 
brought. 

In Civil Cases for the securing of property 
right the action is brought and the summons ob¬ 
tained by the Plaintiff, which is served by constable 
or sheriff upon the Defendant. The complaint and 
the answer are the Pleadings. If there is an issue 
and trial witnesses are subpoenaed, the attorney 
for the plaintiff makes his statement and presents his 
witnesses, and then the defendant does the same. 
The defendant, in the closing of the case, gives his 
arguments first, which are followed by those of the 
plaintiff. When the trial is before a jury the Judge 
gives them a summary of the evidence, the points for 
their decision, and instructions as to their duty. 
They then retire to deliberate. Their verdict, if 
unanimous, determines the judgment, which the 
Judge renders, If not unanimous a new trial must 
be held before another jury unless the case is settled. 
The party defeated pays the cost and the judgment. 
If judgment is not paid an execution is issued against 
the property of the one beaten w T hich may be sold. 


i ro 


A MANUAL OF 


If appealed to a higher court the expense must be 
paid and security given for the cos,t in the higher 
court. 

In Criminal Cases the complaint and the war¬ 
rant are made in the name of the state, or “ in behalf 
of the people. ’’ Before trial criminals must be indicted 
by the Grand Jury. The accusation is made out by 
the District Attorney, who presents to the jury the 
evidence, and if considered sufficient by them, they 
render the verdict in favor of a trial and the District 
Attorney makes out the Bill of Indictment which is 
presented to the court. If not in custody the person 
indicted is arrested upon a warrant issued by the 
court, and if not ready for trial the accused is put in 
jail or bailed by giving sureties or bonds for appear¬ 
ance at court. If tried it must be before a Trial Jury 
in a similar manner to civil cases. If not able to fur¬ 
nish counsel the state furnishes it, and when ar¬ 
raigned the prisoner pleads guilty or not guilty. If 
the pleading is guilty, judgment is rendered. If not 
guilty a trial must be held and judgment rendered 
according to the verdict of the jury. 

Court Martial. A military court composed of 
officers of the army to try cases of violations of mili¬ 
tary law. 

VIII. Courts of Conciliation have been 
formed in Iowa at the suggestion of her Norwegian 
citizens, like the courts in Norway where nine-tenths 
of the civil cases are adjusted without further litiga¬ 
tion. Four commissioners of conciliation are elected 
at' the same time and in the same manner as the Jus¬ 
tices of the Peace, from the qualified voters. These 
hold office two years, or till their successors are 
elected. When warrants are issued by Justices in 
civil actions two Commissioners are subpoenaed to 
appear before him at the time of the return of the 


CIVIL GOVERNMENT. 


111 

warrant. The parties state their differences, which 
are recorded by the Justice, and then evidence is in¬ 
troduced. After hearing this the Justice and the 
Commissioners shall to the best of their ability try to 
persuade the parties to an amicable settlement of 
their difficulties on such terms as are just and equita¬ 
ble. If they succeed, the agreement is entered as a 
judgment of the court. No attorney is allowed to be 
present. If not settled, the case is adjourned for 
trial, in which proceedings before the Commissioner 
shall form no part of the evidence, nor can the Com¬ 
missioner testify. 

JURIES. 

A jury is a body of men selected according to 
law and sworn to inquire into and try any matter of 
fact presented to them, and declare the truth of it on 
the evidence presented in the case. 

QUALIFICATIONS ’OF TRIAL JURORS IN JUSTICE COURTS 
AND COURTS OF RECORD. 

1. A male citizen of the United States and a res¬ 
ident of the county. 

2. Not less than 21 nor more than 70 years of 

age. 

3. Assessed for personal property belonging to 
him in his own right to the amount of $250; or the 
owner of a freehold estate in real property situated 
in the county belonging to him in his own right of the 
value of $150; or the husband of a woman who is the 
owner of a freehold estate belonging to her in her 
own right. 

4. In the possession of his natural faculties, and 
not infirm or decrepit. 

5. Free from all legal exceptions; of fair char¬ 
acter, of approved integrity, of sound judgment and 
well informed. 


I 12 


A MANUAL OF 


PERSONS EXEMPT FROM JURY SERVICE. 

Clergymen, postmasters, physicians, teachers, 
members of tire companies, national guards, police¬ 
men and locomotive engineers are among those that 
are exempt. 


KINDS OF JURIES. 

1. A jury of six men for the trial of cases in 
Justice Courts. Twelve are drawn from the list in 
the Town Clerk’s office and are summoned by the 
constable. From these six are selected to sit on the 
trial. 

2. A jury of not less than six men is summoned 
by order of the Road Commissioner and drawn by 
the Town Clerk for the purpose of deciding as to the 
necessity of laying out new or discontinuing old 
roads. 

3. A jury of not less than six or more than fif¬ 
teen men summoned by the Coronor to inquire into 
the cause of any violent or myterious death. 

4. A jury of twelve men, called a Petit or Trial 
Jury, whose duty it is to try causes in Courts of Rec¬ 
ord. In this state all must agree in the verdict. In 
some states, as in Nevada, only three-fourths are re¬ 
quired to agree in civil cases. 

5. A jury called the Grand Jury, of not less 
than sixteen or more than twenty-three, whose duty 
it is to examine into accusations against persons 
charged with crimes, and if sufficient evidence is pre¬ 
sented to warrant a trial, to find a bill of indictment 
against them to be presented to the court. These ex¬ 
aminations are with closed doors, and a majority is 
necessary to indict. 

6. A Struck Jury is one ordered by the Su¬ 
preme Court when it shall appear that an impartial 


CIVIL GOVERNMENT. 


1 13 

trial cannot otherwise be had, or when the importance 
or intricacy of the case requires such a jury. 

The clerk of the court, deputy clerk or commis¬ 
sioner selects from the jury list of the several towns 
forty-eight persons whom he shall deem most indif¬ 
ferent between the parties and best qualified to try 
the causes. From this list each party may alternate¬ 
ly strike out until only twenty-four are left. The 
jurors are then selected from these. 

PETIT OR TRIAL JURORS—HOW OBTAINED. 

1. Trtal Jurors. In counties with less than 
150,000 inhabitants a list is made out by the Super¬ 
visor, Town Clerk and Assessors in the several towns 
of the counties every three years, of the names 
of the qualified persons. These are filed in 
the Towm Clerk’s office for the courts of the town, 
then sent to the County Clerk. The names in the 
several lists, after being recorded in the County 
Clerk’s office, are written upon separate slips of 
paper of the same size and deposited in a box pre¬ 
pared for that purpose in the County Clerk’s office. 

2. Grand Jury. The Board of Supervisors 
every year apportion 300 qualified persons among the 
several towns in the county in proportion to the pop¬ 
ulation. Each Supervisor selects from his town the 
number to which it is entitled, and the names in the 
several lists are written or printed upon separate 
slips of paper and deposited in a box in the County 
Clerk’s office. 

3. Commissioners op Jurors. Laws of 1895, 
’96, '97. These are appointed in counties having a pop- 
lation of from 150,000 to 300,000 or more, by the Jus¬ 
tices of the Supreme Court and the County Judge, 
and in every county except Onondaga, that contains 
a city of not less than 60,000 or more than 120,000 



A MANUAL OF 


1 14 

population, they are appointed by the County Judge, 
Surrogate and County Clerk. The duty of these 
Commissioners is to receive the list of names fur¬ 
nished by the Supervisors, Assessors andTownClerks 
of the several towns and cities of the county as qual¬ 
ified jurors. They examine these as to the qualifica¬ 
tions, write certificates of exemption for those enti¬ 
tled to receive them, make an alphabetical list of 
those qualified, and file in their office, and a copy of 
the same in the County Clerk’s office, and deposit 
these names written on slips in the jury box. From 
these are drawn the Trial and Grand Juries for the 
Courts of Record in that county, and in some cases 
lists are furnished from these for lower courts in 
towns and cities. 

JURORS—HOW DRAWN. 

In the counties that have Commissioners they 
usually draw the required number of names from 
these boxes in the presence of the Justice of the Su¬ 
preme Court, the Sheriff and the County Clerk. In 
other counties this is done by the County Clerk in 
the presence of the County Judge and Sheriff. These 
must be drawn not less than 14 or more than 28 days 
before the sitting of the court. The notice of the draw¬ 
ing must be published six days in designated papers in 
the county before it is to take place, and the Sheriff 
notifies those persons drawn at least six days before 
the sitting of the court. The names of the jurors 
drawn are deposited in another box, and at the court 
the required number of Trial Jurors are drawn from 
this, twelve being drawn that are satisfactory to the 
parties on the case for which they were drawn. If 
the twelve fail to agree the Judge dismisses them, 
and a new trial is ordered with a different jury unless 
the suit is discontinued. This jury elects their own 
chairman or foreman who makes the report. 


CIVIL GOVERNMENT. 


IIS 

The Grand Jury are drawn, twenty-four in num¬ 
ber, from the same box, and not less than sixteen 
nor more than twenty-three must act as the Grand 
Jury. The Judge appoints their foreman, and they 
appoint a clerk who records the testimony. Only the 
witness and the District Attorney can be present 
with them, and a majority must agree to indict. The 
bill of indictment is drawn up by the District Attor¬ 
ney and handed to the court, and the indicted person, 
unless in custody, is arrested by the Sheriff. 

SPECIAL COMMISSIONERS OF JURORS. 

In counties of more than 500,000 population the 
Justices of the Appellate Division of the Supreme 
Court appoint a Special Commissioner of Jurors. 
The Commissioners of Jurors of these counties fur¬ 
nish him with the lists of jurors, and from these he 
makes out a list of Special Jurors to be drawn for the 
trial of intricate and important cases, when ordered 
by the Appellate Division of the Supreme Court. 
Such jurors must have been citizens ten years, must 
be not less than 30 or more than 70 years of age, and 
have other special qualifications that fit them for 
such work, good character# sound judgment, able to 
read and write the English language understandingly, 
well informed, and a knowledge of the duties of 
jurors. 

SECTION IV. 

VILLAGES AND CITIES. 

Men are social beings, and as such they tend to 
settle together in a limited portion of territory. Such 
gatherings need special privileges, regulations and 
laws for the convenience and safety of its inhabitants, 
such as the care, cleaning and lighting of the streets, 
providing for sidewalks and water supply, provision 



A MANUAL OF 


116 

against fire, for the protection of the public health, 
etc. These needs increase in proportion to the size 
of the place and the number of the inhabitants. They 
also need some authority to make and enforce such 
laws and regulations as are required; hence govern¬ 
ments provide for such conditions by special or gen¬ 
eral laws under which such larger gatherings may 
incorporate. England had her boroughs, which were 
incorporated towns having special privileges; such 
as Municipal Boroughs, corporations (not a city) en¬ 
dowed by a royal charter; Parliamentary Borough, a 
town entitled to a member in Parliament. A rotten 
Borough was one that had so decreased in population 
as to lose the just right to representation in Parlia¬ 
ment because it no longer had any real constituency. 

A Village or an Incorporated Town in this 
country is a town or a part of a town with limited 
corporate powers exercised by a Board of Trustees. 
They are incorporated under a general law of the 
state by vote of the residents of the included terri¬ 
tory, according to due form of law, and must contain 
at least 300 inhabitants. The law of 1897 says, “A 
territory not exceeding one square mile, or an entire 
town, containing in eithef case a population of not 
less 300, and not including a part of a city or village, 
may be incorporated as a village.” These are divided 
into four classes. 

The first must contain a population of 5,000 or 
more. 

The second must contain a population of 3,000 
and less than 5,000. 

The third must contain a population of 1,000 and 
less than 3,000. 

The fourth must contain a population of less than 

1 , 000 . 

The officers of a village are a President, not less 


CIVIL GOVERNMENT. 


II7 

than two Trustees, a Treasurer, a Clerk, a Street 
Commissioner, and such others as the Board of Trus¬ 
tees may deem best to appoint. The officers hold 
office one year, except the Trustees, who hold for two 
years and the Police Justices for four years. In vil¬ 
lages of the first class there may be eight Trustees; 
in the second class six; in the third class four; and 
in the fourth class only two. The officers perform 
the usual duties of such officers. The Trustees and 
Clerk are the inspectors of elections unless the vil¬ 
lage is divided into election districts. Then they shall 
annually, at least 30 days before election, appoint two 
inspectors for each district. The annual election 
shall be held on the third Tuesday of March unless a 
town meeting is held on that day; in such case it shall 
be held on the next day. The President and the 
Trustees constitute the Board of Trustees, and their 
annual meeting shall be held at 7 P. M., on the Mon¬ 
day following the annual election. Other meetings 
are held at such times and places as they may deter¬ 
mine. The duties of this Board are to look after and 
provide for the various interests of the corporation, 
as the law and their charter designates. There must 
be an enumeration of the inhabitants in 1898 and 
every four years,thereafter. 

A City. This is a place inhabited by a large, 
permanent, organized community. A municipality 
of the first class, governed by a Mayor and Aider- 
men, and created by a charter granted by the state 
Legislature, which defines its boundaries and states 
what officers it shall have, and their duties. Cities 
and villages are restricted by law in their powers of 
taxation, assessment and contraction of debts, or in 
loaning their credit. 

Cities are divided into three classes. The first 
class includes all those that have over 250,000 inhabi- 




118 


A MANUAL OF 


tants. The second class all having between 250,000 
and 50,000. The third class all below 50,000. The 
Mayor and Aldermen constitute the Common Coun¬ 
cil. In cities of the first and second class the elec¬ 
tion of officers must be held on the odd numbered 
years, and their officers are elected for two years, 
except in the city of New York, where they hold office 
four years. The usual officers are the Mayor, Aider- 
men, elected in wards, Attorney or City Solicitor, 
Board of Education, Treasurer, Comptroller, Assess¬ 
ors, Collector, Board of Health, Police Commission¬ 
ers, Superintendent of Schools, Superintendent of 
the Police, and many others which may be elected or 
appointed. The Mayor is the executive officer, as¬ 
sisted by many others, especially the police, in main¬ 
taining order and enforcing the laws. They have 
also a system of Police Courts and other inferior 
courts to decide the many local cases that arise. The 
appeals from their decisions may go to the state 
courts. 

The City of New York, or as it is called, 
Greater New York, was incorporated May 4, 1897, 
and the new charter goes into operation Jan. 1, 1898. 
This charter provides for the consolidation of New 
York City, Brooklyn, and adjacent cities, villages 
and territory into one city, containing 3,100,000 in¬ 
habitants and an area of 359 square miles, making it 
the largest city in America and the next largest in 
the world. London has a population of 5,000,000 with 
an area of 688 square miles. 

The Legislative power is vested in the Munici¬ 
pal Assembly of the City of New York. This con¬ 
sists of the Council and the Board of Aldermen. The 
Council consists of a President, who is chosen on a 
general ticket by the qualified voters of the whole 
city for four years, and 28 members chosen in 10 



CIVIL GOVERNMENT. 


1 19 

Council districts for the same length of time. The 
Mayor is ex-officio entitled to a seat in the Council, 
but cannot vote. The President of the Council takes 
the place of the Mayor when he is disqualified. The 
Aldermen are elected at the general election for two 
years in the Assembly districts embraced in the cor¬ 
poration except in certain specified cases. The Board 
of Aldermen chooses its President. The head of 
each Administrative Department may have a seat in 
this Board but is not entitled to vote. The Council 
appoints a Clerk for six years, who is the City Clerk. 
The Municipal Assembly has many powers in the ap¬ 
pointing of officers and making rules and regulations 
for the government of so vast a corporation. 

The Executive. This power is vested in the 
Mayor and the officers of his department. He is 
elected by the qualified electors for four years and 
has a salary of $15,000. He appoints the heads of 
most departments, and Commissioners, also clerks 
and subordinates such as may be required in the dis¬ 
charge of his official duties. There is elected, as the 
head of the Department of Finance, a Comptroller for 
four years, who is charged with the general manage¬ 
ment and oversight of the fiscal affairs of the corpora¬ 
tion. 

Judiciary. The City Court of New York is con¬ 
tinued with its original powers and jurisdiction, but 
for the whole city of New York a Municipal Court is 
established. For this purpose the city is divided 
into five boroughs, and these into districts in which 
these courts are held by Justices elected in the dis¬ 
trict, or in certain districts they are appointed by the 
Mayor. They have civil jurisdiction in specified 
cases. There is also a Court of Special Sessions for 
criminal cases, the magistrates being appointed by 


120 


A MANUAL OF 


the Mayor. None of these are Courts of Record, and 
appeals go to the State Supreme Courts. 

One of the unsolved problems in municipal gov¬ 
ernment is how to best govern such large gatherings 
of people. So many questions are constantly arising 
in these, such as how to control the corporations that 
have acquired franchises, the letting and looking 
after contracts on the public works in which greedy 
speculators aim to fill their own pockets, how to care 
for the criminal and needy classes which such cities 
always tend to increase, how T to manage the education 
al interests so that all may receive its benefits, and 
especially how T to prevent the control of political rings 
formed by leaders who seek only the spoils. These 
more easily obtain office because the honest voters 
are not as much interested as the politicians. The 
settlement of these and many other questions require 
constant exercise of care and study by the best men 
and eternal vigilance to settle and keep them settled 
right. The charter of Greater New York is an effort 
of the state of New York to aid its greatest city in the 
solution of this problem. 

CHAPTER VI. 

MISCELLANEOUS TOPICS. 

SECTION I. 

DEFINITION OF CONSTITUTIONAL AND LEGAL TERMS. 

Bill of Rights. 1. All those portions of a 
constitution, state or national, designed to secure lib¬ 
erty to the individual. 2. An English statute 
enacted at the time of the accession of William and 
Mary to the throne, which secured to individuals cer¬ 
tain rights. One of the objections to the Constitution 
of the United States w T as that it had no Bill of Rights, 



CIVIL GOVERNMENT. 


21 


and the first ten amendments were intended to sup¬ 
ply this deficiency, in which there were literally in¬ 
serted some sections from the English Bill of Rights. 
England gave us the Common Law, which was the 
result of the forms and proceedings which she estab¬ 
lished m securing her liberties, which was brought 
here and adopted by our forefathers; while Rome 
gave to Continental Europe the Roman, or Civil 
(citizen) Law, which furnished the foundations of 
their jurisprudence, and which was brought and used 
by the settlers of Louisiana. The Magna Charta, 
the Petition of Rights and the Bill of Rights were the 
landmarks of English liberty, or, as Lord Chatham 
called them, the “ Bible of English Liberty. ” These 
were guides to the framers of our Constitution, as 
are the Civil and Common Laws guides to our Legis¬ 
lators and Judges in the making and interpreting of 
our laws. The first eight Sections of Article I. of the 
Constitution of New r York may also be called the Bill 
of Rights of this state. 

Habeas Corpus. “You may have the body.” 
This is a writ issued by a court requiring a prisoner 
to be brought before a Judge that he may inquire 
into the legality of his retention in custody. If good 
reasons are given why he should be deprived of his 
liberty he is sent back to prison. If not, he is re¬ 
leased. 

Ex post facto Law. This is a law which makes 
an act punishable as a crime which was not a crime 
w T hen the act was performed; or an act that increases 
the penalty for a crime after it was committed. 

The United States Constitution forbids the pass¬ 
ing of an Ex post facto Law or a Bill of Attainder, or 
the requiring of excessive bail, or the suspending of 
the Writ of Habeas Corpus (except in case of rebellion 


122 


A MANUAL OF 


or invasion), by its own government and that of the 
states. 

Bill of Attainder. This was an act of the 
Legislature of a government declaring a man guilty 
of a crime without a trial by due course of law T , and 
sentencing him to death and forfeiting his property 
to the state. 

Bail is a guarantee or security given for the ap¬ 
pearance of a person in court who is under arrest, or 
for debt. 

Indictment. This is a formal written charge of 
crime preferred to, and presented by, a Grand Jury, 
on oath, as a basis for the trial of the accused person. 

Injunction. A judicial order or process operat¬ 
ing upon the person, requiring the party to whom it 
is directed to do, or usually not to do, some desig¬ 
nated thing. 

Mandamus. A writ issued by courts of superior 
jurisdiction, and directed to subordinate courts, cor¬ 
porations or official persons commanding them to do 
some particular thing specified that appertains to 
their official duty. 

Letters of Marque and Reprisal. This is a li¬ 
cense granted by the government to private individ¬ 
uals empowering them to seize the property of a for¬ 
eign nation or of its subjects as an indemnification for 
injuries received. 

A Pension is a yearly allowance to a person by 
the goverment for past services, or for being disabled 
in war. If a soldier is killed a pension is granted to 
his widow or children. 

A Subpoena is a written demand of an officer for 
a person to appear in court. 

A Warrant is an order issued by an officer of a 
court for the arrest of a person, or a seizure of, or 
search for, property. 



CIVIL GOVERNMENT. 


123 


A Summons is a mandate of a court issued by 
the direction of a Plaintiff to be served on the Defend¬ 
ant. 

A Plaintiff is one who commences a civil action 
in court. 

A Defendant is one against whom the action is 
brought. 

Pleadings are the written statements of the 
claims of the two parties in a suit preliminary to 
trial. 

Jurisdiction, from the Latin jus, law, and dictio , 
a pronouncing or speaking. The jurisdiction of a 
court means the class of cases in which it has power 
to pronounce the law. Original Jurisdiction when 
the case may commence in that court, and Appellate 
Jurisdiction when it may hear cases on appeals from 
lower courts. 

A Commission is a body composed of several 
persons acting under lawful authority to perform 
some public service. 

A Commissioner is an officer appointed by the 
government (state or national) to serve as head of 
some executive department, as Commissioner of Ed¬ 
ucation. The executive department of the District 
of Columbia is entrusted to three Commissioners ap¬ 
pointed by the President and Senate of the United 
States. Two of these must be citizens of the Dis¬ 
trict, and one must be an engineer of the army corps. 

A Requisition is a request by the Governor of 
one state to that of another for the return of fugitives 
from justice. 

Attorney and Counselor at Law. This is a 
term given to a person who is entitled to practice law 
in the higher courts. Justices and Judges in these 
courts must be Attorneys and Counselors at Law. 
To be admitted to the bar as such, a person must be 


124 


A MANUAL OF 


21 years of age, a citizen of the United States, of good 
moral character, must have passed the required Re¬ 
gents’ examinations, or possess their diploma, or be a 
graduate of an academy, or have had one year in col¬ 
lege or university, must have served a clerkship of 
three years in the office of a practicing attorney in 
the Supreme Court, and passed a satisfactory exami¬ 
nation made by the State Board of Law Examiners. 
Two years of the time of the clerkship may be spent 
in the Law Schools, and one year is deducted for col¬ 
lege or university graduates. This makes a person 
competent to be licensed as Attorney and Counselor 
qualified to practice in all the courts of the state. 

Wills are written statements of persons in re¬ 
gard to the disposition of property after death. A 
person who dies without a will is said to die intestate. 

ESSENTIALS FOR A WILL IN NEW YORK STATE. 

1. The will must be in writing and subscribed 
to at the end by the testator. 

2. Such subscription must be made by the tes¬ 
tator in the presence of two or more attesting wit¬ 
nesses, or shall be acknowledged by him to have been 
so made to each of the attesting witnesses. 

3. The testator at the time of making such sub¬ 
scription, or at the time of acknowledging the same, 
must declare the instrument so signed or subscribed 
to be his last will and testament. 

4. There must be at least two attesting wit¬ 
nesses, each of which must sign his name as witness 
at the end of the will at the request of the testator. 

5. Bequests to benevolent societies must have 
been made at least two months before the death of 
the testator. 

6. A person can will only one-half of his estate 


CIVIL GOVERNMENT. 


125 


to benevolent purposes, if at the time he or she has a 
wife or husband, children, father or mother living. 

A Codicil is an addition to a w T ill which must be 
signed and witnessed to the same as a will. 

Form—I give, bequeath and devise my estate as 
follows, that is to say, I make this my last will and 
testament, hereby revoking all former wills made by 
me. Here follow the bequests. 

A Collateral Inheritance Tax is a tax on the 
property of deceased persons above a certain amount, 
which must be paid before the distribution of the 
property is made to the heirs. This, in this state, 
for lineal descendants and certain others in close re¬ 
lation to the deceased, which the law recognizes, such 
as husband, wife, brother, sister, father, mother, 
husband or wife of children, adopted children, and 
others, is one per cent on estates of $10,000 or more. 
Property heretofore or hereafter devised or be¬ 
queathed to any person who is a bishop, or to any 
religious corporation exempt from taxation, is not 
subject to the provisions of the law. In all other 
cases the transfer of real or personal property of the 
value of $500 or over is subject to a tax of 5 per cent. 

SECTION II. 

CRIMES. 

Crimes are offenses against the public and the 
laws established for the security oi life, liberty and 
property. These are usually punished to protect the 
community against their future commission, but 
every effort should be made to reform the criminal. 
The Elmira Reformatory was established to secure 
this in young criminals. 

A Misdemeanor is an offense less than a felony, 


126 


A MANUAL OF 


which is punishable by fines or imprisonment in the 
county jail or both. 

A Felony is a name given to the highest class of 
crimes, such as treason, murder, rape, arson, kid¬ 
napping, robbery, etc., which are punishable with 
death or imprisonment in the State’s Prison. 

Murder is the taking of life unlawfully or mali¬ 
ciously, with intent to kill. 

Manslaughter is the killing of a person unin¬ 
tentionally, as upon a sudden quarrel, or while com¬ 
mitting some unlawful or criminal act, without 
malice. 

Arson is maliciously burning any dwelling the 
property of another. The burning of an inhabited 
house in the night time is Arson in the first degree, 
and is punishable by death, the same as murder in 
the first degree, and the obstruction of a railroad 
which results in death. 

Burglary is forcibly breaking into and entering 
in the night time the dwelling house of another with 
the intent to commit a crime. 

Robbery is the taking of property from another 
by force, or through fear of injury. Piracy is rob¬ 
bery committed at sea. 

Larceny is theft, or the stealing of another’s 
property. Grand Larceny is where a large amount, 
over $25, is taken, and is a state’s prison offense. 
Petit Larceny is where a smaller amount is taken, 
and is punished by fines or imprisonment in jail, or 
both. 

Embezzlement is fraudulently taking property 
for one’s own use that has been entrusted to him by 
another. Defalcation is a form of embezzlement. 

Bribery is the offering of a reward to influence 
the vote or judgment of another, and also the accept¬ 
ance of the same. 



CIVIL GOVERNMENT. 


127 


Forgery is the fraudulent making or altering of 
any writing with the intent to defraud. 

Extortion is the unlawful taking, by an official, 
of money or other things of value that are not his 
due, under color of his office. 

Counterfeiting is a word applied to the making 
and passing of false money. 

Perjury is willfully swearing or affirming false¬ 
ly upon an oath legally administered. 

Bigamy is the crime of having two husbands or 
two wives at the same time. 

Polygamy is the crime of having many wives. 

Kidnapping is the forcible taking and removing 
of a person for evil purposes. 

Slander is the malicious telling of a falsehood 
for the purpose of injuring some one. 

Libel is the malicious printing or writing of a 
falsehood for the purpose of injuring some one. 

An Accessory to a Crime is one who is in any 
way concerned in the commission of a crime. One 
who advises, procures or commands another to com¬ 
mit a crime is an accessory before the fact, and one 
wffio conceals a criminal knowing of his offense, or 
gives him aid to help him to escape punishment, is an 
accessory after the fact. 

Usury is the taking of more than lawful interest. 

There are many other crimes recognized by law 
and punished according to their character. 

SECTION III. 

COMMERCIAL and business terms. 

A Patent Right is a written instrument issued 
by the national government, securing to an inventor 
the exclusive right to his invention. This is granted, 
if the article is patentable, by the Commissioner of 


128 


A MANUAL OF 


Patents after examining the papers, drawings and 
models of the invention. A patent lasts 17 years and 
costs usually $35. L is renewable for 14 years. The 
article must be marked Patented. 

Infringement of a patent is the making, using 
or selling the patented article without the owner’s 
consent. The court awards damage and enjoins the 
infringer to stop. 

A Copyright is a legal right which an author 
has to print, publish and sell his own literary produc¬ 
tions. 

How Obtained.— The author or publisher must 
lile in the office of the Librarian of Congress, or de¬ 
posit in the mails directed to him, a printed copy of 
the title of the book, or a description of the engrav¬ 
ing, drawing or other articles before publication. 
Then on or before the day of publication he must 
send two copies of the book or other articles to the 
Librarian and pay one dollatr. This is issued for 28 
years. Copyright must be marked or printed on 
each article or book. 

A Trade Mark is a device adopted by manufac¬ 
turers or dealers to mark the goods they make or 
sell to prevent others from doing the same. The 
words Trade Mark must be placed close to the device 
on the article. This certificate holds good for 28 
years and costs $25. 

Appurtenances are those things which belong 
to real property, such as the houses, trees, fences, 
minerals, etc., to lands; and doors, windows, keys, 
etc., to houses, which pass to successive owners with 
the land. 

Trespass is the entering upon another’s prem¬ 
ises without permission. 

The owner of land bounded by a highway owns 
to the centre of the highway, and has the right to use 


CIVIL GOVERNMENT. 


129 

j it in all ways that do not hinder the care and use of 
I the same for the public. Rivers, not navigable, are 
I owned the same, if they form boundary lines. 
I Streams that flow through a farm can be used by the 
■ owner in all w T ays that will not injure its use by an- 
| other adjoining owner. 

I The Right op Way is the right to pass over the 
I land of another to reach the highway or for other pur- 
1 poses, but the land can only be used for the purpose 
granted or acquired. These rights are obtained by 
I permission either expressed or implied by the own- 
I ers of the land, or by 20 years’ uninterrupted use. 

Once acquired they last forever unless surrendered. 
I If roads are obstructed in any way, as by floods or 
I sno\y, the public has the right of passage over adjoin- 
yj ing lands until the obstruction is removed. 

Party Walls are built on the dividing line be- 
I tween estates. Each owns what is on his land, but 
I neither can remove his without the consent of the 
• other. . 

Partnership is a contract between two or more 
I persons to carry on some lawful business for mutual 
benefit. .Death of any one of the partners dissolves 
I the firm. 

A Corporation is a combination of individuals 
acting as one person for the purposes of business or 
for government, according to a charter or constitution 
i sanctioned by the laws of the state. 

A Trust is primarily something held by one per¬ 
son for the use or benefit of another. The person 
holding it is called a trustee. A Trust in business 
is (1) A combination of corporations for the control of 
a business so as to determine the quantity and price 
of the article produced. They are managed by trus¬ 
tees or directors. (2) A combination of interests for 
the purpose of regulating and controlling by means 



130 


A MANUAL OF 


of a common authority, the use, supply or disposition 
of some kind of property. 

Solvent or Solvency is where a person is able 
to pay all debts that he owes. 

Insolvent is where a person is not able to meet 
his obligations or debts. An insolvent person is said 
to be bankrupt. A bankrupt law is one that provides 
(1) For a person to distribute his property among 
his creditors. (2) For his release from his debts, so 
that he may have opportunity and incentive to again 
devote himself to business. A bankrupt law should 
be passed by the general government so that it will 
be uniform in all the states. An Assignment is 
where a debtor assigns or transfers his property to 
an assignee or trustee to distribute among his cred¬ 
itors. If all the creditors agree to release the debtor 
upon the distribution of property among them it has 
the same effect as taking the benefit of the bankrupt 
act. 

A Contract is a mutual agreement between two 
or more persons, recognized by law as constituting 
an obligation to do or not to do a particular thing. 
They are not binding where force or fraud were used, 
or when made by a lunatic or idiot, or by a minor, ex¬ 
cept for food, clothing, lodging or education, unless 
he recognizes it after he is of age. It is not binding 
if impossible of fulfilment, or is illegal or made on 
Sunday. Every contract must be based on some 
consideration and should be made in writing if for 
purchase or lease of land or if it is to run more than 
one year. There is a limit of time during which a 
contract may be enforced, usually six years for debts 
and twenty years in case of land, after which they 
are outlawed. 

A Lease is a contract for the possession and 



CIVIL GOVERNMENT. 


31 


profit of land and tenements for a determinate period 
for a consideration. 

A Lien is a legal claim on property as security 
for debt or charge. 

A Deed is a written instrument by which land is 
transferred from one person to another. 

A Mortgage is a written instrument securing 
the payment of a debt. Deeds and mortgages must 
be signed by the husband and wife (if married) and 
acknowledged before a legal officer, and should be re¬ 
corded, for security, in the-County Clerk’s office. If 
the wife does not sign it she can claim her right of 
dower in case of the death of the husband. 

A Covenant is a written contract under a seal. 

Allodial Tenure of Land is the absolute own¬ 
ership of land, free from rent or service, as opposed 
to Feudal Tenure, where it is held subject to a fee or 
service, as in England in Feudal times, or as held by 
the Patroons of this state. 

Escheat is the reversion of land to the state in 
default of heirs or by reason of forfeiture. 

Embargo is the detention of vessels for a time in 
the port of a country by its government. 

Blockade is the closing of the ports of the coun¬ 
try of an enemy to prevent vessels from going in or 
passing out. 

A Paper Blockade is one not enforced by suffi¬ 
cient vessels. 

Salvage is the compensation given to persons 
for saving property that has been abandoned at sea. 
This is large because of the great risk. 

A Treaty is a formal agreement between two or 
more countries in regard to some question. It is 
made under the direction # of the President and must 
be ratified by the Senate. 

An Extradition Treaty is one providing for 


132 


A MANUAL OF 


the delivery of fugitives from justice by one nation 
to another. 

A Reciprocity Treaty is one giving equality 
between the citizens of two countries with respect to 
commercial privileges to the extent provided by the 
treaty. 

Arbitration is an agreement between tw T o per¬ 
sons or countries to settle disputes by leaving them 
to the decision of others. 

A Tax is a contribution imposed by the govern¬ 
ment on individuals for the service of the state. 

A Duty is a tax on imported articles. Duties 
are of two kinds: 1. Ad valorum duties are propor¬ 
tioned to the cost of the articles in the country from 
which it came, as invoiced. 2. Speciiic duties are 
proportioned to the quantity of the articles imported. 

Excise is a tax upon articles manufactured or 
produced for home consumption, as a tax on liquors, 
etc., collected by Revenue officers. Congress pre¬ 
scribes the duties, and the schedule of the dutiable 
articles, and the rate is the Tariff. Duties are col¬ 
lected by the Custom House officers at the ports of 
entry. 

The motto of this state is Excelsior; its title is 
The Empire State; the state color, Purple; the state 
tree, the Maple; the state flower, the Rose. 




TERMS OF OFFICE AND SALARIES OF 
STATE OFFICERS. 


TERMS. 

SALAR¬ 

YRS. 

IES. 

Governor, 2 

$10,000 

Lieutenant Governor, 2 

5,000 

Secretary of State, 2 

5,000 

Comptroller, 2 

6,000 

Treasurer, 2 

5,000 

Attorney General, 2 

5,000 

State Engineer and 

Surveyor, 2 

5,000 

Supt. of Banking, 3 

5,000 

“ Insurance, 3 

7.000 

“ Prisons, 5 

6,000 

“ Public Works, 

6,000 

3 State Assessors, 3 

2,500 

3 Court of Claims, 6 

5,000 

Supt. of Public Instruc. 3 

5,000 

Deputy Supt. Public 
Instruction, 

4,000 

State Dairy Com’is’er, 2 

3,000 

3 Railroad “ 5 

8,000 

Labor Commissioner, 3 

3,000 

3 Civil Service “ 

2,000 

3 Quarantine “ 3 

2,500 

3 State Board Arbitrat¬ 
ors and Mediators, 3 

3,000 

50 State Senators, 2 

1,500 

150 State Assemblymen,i 

1,500 


TERMS. 

SALAR¬ 

YRS. 

IES. 

3 State Commissioners 

7.000 

of Lunacy, 6 

5,000 

Chief Justice Court Ap. 14 

3,500 

10,500 

6 Justices “ 14 

10,000 

76 Justices Supreme Ct. 14 

7,200 

Com. of New Capitol, 

7,500 

Supt. of Buildings, 2 

3,500 

State Entomologist, 

2,000 

Inspector of Gas Meters,5 

5,000 

State Geologist and 
Paleontologist, 

3,600 

Commissioner of Agric. 3 

4,000 

Mining Inspector, 

3,000 

State Botanist, 

2,000 

3,000 

Factory Inspector, 3 

Bureau of Labor Statis. 3 

3,ooo 

3 State Tax Inspectors, 3 

2,500 

5 Fisheries, Game and 


Forest Com. 5 3,000 2,500 

Com. of Excise, 5 

5,000 

Secretary of Regents, 

5,000 

Health Officer of N. Y. 4 

12,500 

3 Commissioners of 

Quarantine, 3 

2,500 

Clerk of the Court of 
Appeals, 

5,000 


THE DECLARATION OP INDEPEND¬ 
ENCE. 

A DECLARATION BY THE REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA, IN CONGRESS ASSEMBLED. 

When, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have connected 
them with another, and to assume, among the powers of the earth, 
the separate and equal station to which the laws of nature and of 
nature’s God entitle them, a decent respect to the opinions of man¬ 
kind requires that they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident, that all men are cre¬ 
ated equal; that they are endowed by their Creator with certain 
unalienable rights ; that among these are life, liberty, and the pur¬ 
suit of happiness; that, to secure these rights, governments are in¬ 
stituted among men, deriving their just powers from the consent of 
the governed; that, whenever any form of government becomes 
destructive of these ends, it is the right of the people to alter or to 
abolish it, and to institute a new government, laying its foundation 
on such principles, and organizing its powers in such form, as to 
them shall seem most likely to affect their safety and happiness. 
Prudence, indeed, will dictate that governments long established 
should not be changed for light and transient causes ; and accord¬ 
ingly all experience hath shown that mankind are more disposed to 
suffer, while evils are sufferable, than to right themselves by abol¬ 
ishing the forms to which they are accustomed. But when a long 
train of abuses and usurpations, pursuing invariably the same ob¬ 
ject, evinces a design to reduce them under absolute despotism, it 
is their right, it is their duty, to throw off such government, and to 
provide new guards for their future security. Such has been the 
patient sufferance of these colonies ; and such is now the necessity 
which constrains them to alter their former systems of government. 
The history of the present king of Great Britain is a history of re¬ 
peated injuries and usurpations, all having, in direct object, the es¬ 
tablishment of an absolute tyranny over these States. To prove 
this, let facts be submitted to a candid world: 

He has refused his assent to laws the most wholesome and 
necessary for the public good. 


CIVIL GOVERNMENT. 


135 


He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operations till his 
assent should be obtained ; and, when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of representation in the legislature ; a right inestimable to 
them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, un¬ 
comfortable, and distant from the depository of their public rec¬ 
ords, for the sole purpose of fatiguing them into compliance with 
his measures. 

He has dissolved representative houses repeatedly, for oppos¬ 
ing, with manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to 
cause others to be elected ; whereby the legislative powers, incapa¬ 
ble of annihilation, have returned to the people at large for their 
exercise; the State remaining, in the mean time, exposed to all the 
dangers of invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States ; 
for that purpose, obstructing the laws for the naturalization of for¬ 
eigners, refusing to pass others to encourage their migration 
hither, and raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure 
of their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people, and eat out their sub¬ 
stance. 

He has kept among us, in times of peace, standing armies, 
without the consent of our legislature. 

He has affected to render the military independent of, and 
superior to, the civil power. 

He has combined, with others, to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws; giv¬ 
ing his assent to their acts of pretended legislation:— 

For quartering large bodies of armed troops among us; 

For protecting them, by a mock trial, from punishment for 
any murders which they should commit on the inhabitants of these 
States; 

For cutting off our trade with all parts of the world; 


136 


A MANUAL OF 


For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefits of trial by 
jury; 

For transporting us beyond seas to be tried for pretended 
offences; 

For abolishing the free system of English Jaws in a neighbor¬ 
ing province, establishing therein an arbitrary government, and 
enlarging its boundaries, so as to render it at once an example and 
fit instrument for introducing the same absolute rule into these 
colonies ; 

For taking away our charters, abolishing our most valuable 
laws, and altering, fundamentally, the forms of our governments; 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his 
protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mer¬ 
cenaries to complete the works of death, desolation, and tyranny 
already begun with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the 
high seas, to bear arms against their country, to become the execu¬ 
tioners of their friends and brethren, or to fall themselves by their 
hands. 

He has excited domestic insurrection amongst us, and has en¬ 
deavored to bring on the inhabitants of our frontiers the merciless 
Indian savages, whose known rule of warfare is an undistinguished 
destruction of all ages, sexes and conditions. 

In every stage of these oppressions, we have petitioned for re¬ 
dress, in the most humble terms ; our repeated petitions have been 
answered only by repeated injury. A prince whose character is 
thus marked by every act which may define a tyrant is unfit to be 
the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 

We have warned them, from time to time, of attempts made 
by their legislature to extend an unwarrantable jurisdiction over 
us. We have reminded them of the circumstances of our emigra¬ 
tion and settlement here. We have appealed to their native justice 
and magnanimity; and we have conjured them, by the ties of our 


CIVIL GOVERNMENT. 


137 

common kindred, to disavow these usurpations, which would in¬ 
evitably interrupt our connections aud correspondence. They, too, 
have been deaf to the voice of justice and of consanguinity. We 
must therefore acquiesce in the necessity which denounces our sep¬ 
aration, and hold them, as we hold the rest of mankind, enemies 
in war. in peace, friends. 

We, therefore, the representatives of the United States of 
America, in General Congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, do, 
in the name and by the authority of the good people of these col¬ 
onies, solemnly publish and declare, That these United Colonies 
are, and of right ought to be, free and independent States; that 
they are absolved from all allegiance to the British crown; and 
that all political connection between them and the state of Great 
Britain is and ought to be totally dissolved ; and that, as free 
and independent States, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, and to do 
all other acts and things which independent States may of 
right do. And for the support of this declaration, with a firm re¬ 
liance on the protection of DIVINE PROVIDENCE, we mutually 
pledge to each other, our lives, our fortunes, and our sacred honor. 


CONSTITUTION OF THE UNITED 
STATES. 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of Amer¬ 
ica. 

ARTICLE I. 

Section i. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a 
Senate, and House of Representatives. 



138 


A MANUAL OF 


Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States; and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhabi¬ 
tant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according 
to their respective numbers, which shall be determined by adding , 
to the whole number of free persons, including those bound to ser¬ 
vice for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of represen¬ 
tatives shall not exceed one "for every thirty thousand; but each State 
shall have at least one representative; and, until such enumeration 
shall be made, the State of New Hampshire shall be entitled to 
choose* three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jersey four, 
Pennsylvania eight. Delaware one, Maryland six, Virginia ten. North 
Carolina five, South Carolina five, -and Georgia three. 

When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two senators of each State, chosen by the legislature thereof, for six 
years; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided, as equally as may be, into three 
classes. The seats of the senators of the first class shall be vacated 
at the expiration of the second year; of the second class, at the ex¬ 
piration of the fourth year; and of the third class, at the expiration 
of the sixth year; so that one third may be chosen every second 
year; and if vacancies happen, by resignation or otherwise, during the 
recess of the legislature of any State, the executive thereof may 



CIVIL GOVERNMENT. 


139 


make temporary appointments until the next meeting of the legis¬ 
lature, which shall then fill such vacancies. 

No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

The vice-president of the United States shall be president of the 
Senate, but shall have no vote unless thev be equally divided. 

The Senate shall choose their other officers, and also a president 
pro tempore , in the absence of the vice-president, or when he shall 
exercise the office of president of the United States. 

The Senate shall have the sole power to try all impeachments; 
when sitting for that purpose, they shall be on oath or affirmation. 
When the president of the United States is tried, the chief justice 
shall preside; and no person shall be convicted without the concur¬ 
rence of two-thirds of the members present. 

Judgment, in cases of impeachment, shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit, under the United States; but the 
party convicted shall nevertheless be liable and subject to indict¬ 
ment, trial, judgment and punishment according to law. 

Sec. 4. The times, places, and manners of holding elections for 
senators and representatives shall be prescribed in each State by 
the legislature thereof; but the Congress may at any time, by law, 
make or alter such regulations, except as to the places of choosing 
senators. 

The Congress shall assemble at least once in every year; and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the election returns, 
and qualifications of its own members; and a majority of each shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members 


140 


A MANUAL OF 


of either house on any question shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

Sec. 6. The senators and representatives shall receive a com¬ 
pensation for their services, to be ascertained by law, and paid out 
of the treasury of the United States. They shall in all cases ex¬ 
cept treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and from the same; and for any speech or 
debate in either house they shall not be questioned in any other 
place. 

No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States shall be a member of 
either house during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments, as on other bills. 

Every bill which shall have passed the House of Representatives 
and the senate, shall before it become a law, be presented to the 
president of the United States; if he approve, he shall sign it; but, if 
not, he shall return it, with his objections, to that house in which it 
originated, who shall enter the objections at large on their jorunal, 
and proceed to reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it shall be sent, to¬ 
gether with the objections, to the other house, by which it shall 
likewise be reconsidered; and, if approved by two-thirds in that house, 
it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays; and the names of the 
persons voting for and against the bill shall be entered on the jour¬ 
nal of each house respectively. If any bill shall not be returned by 
the president within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner as 
if he had signed it unless the Congress, by their adjournment, pre¬ 
vent its return, in which case it shall not be a law. 

Every order, resolution, or vote, to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment), shall be presented to the president of 


CIVIL GOVERNMENT. 


141 


the United States, and, before the same shall take effect, shall be 
approved by him, or being disapproved by him, shall be re-passed 
by two-thirds of the Senate and House of Representatives, accor¬ 
ding to the rules and limitations prescribed in the case of a bill. 

Sec. 8 . The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and provide for 
the common defence and general welfare of the United States; 
but all duties, imposts, and excises shall be uniform throughout the 
United States ; to borrow money on the credit of the United 
States; to regulate commerce with foreign nations and among the 
several States, and with the Indian tribes; to establish an uniform 
rule of naturalization, and uniform laws on the subject of bank¬ 
ruptcies throughout the United States; to coin money, regulate 
value thereof and of foreign coin, and fix the standard of weights 
and measures ; to provide for the punishment of counterfeiting the 
securities and current coin of the United States ; to establish post 
offices and post roads ; to promote the progress of science and use¬ 
ful arts, by securing, for limited times, to authors and inventors, 
the exclusive right to their respective writings and discoveries; to 
constitute tribunals inferior to the supreme court; to define and 
punish piracies and felonies committed on the high seas, and of¬ 
fences against the law of nations ; to declare war, grant letters of 
marque and reprisal, and make rules concerning captures on land 
and water; to raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years; to 
provide and maintain a navy; to make rules for the government 
and regulation of the land and naval forces; to provide for calling 
forth the militia to execute the laws of the Union, suppress insur¬ 
rections, and repel invasions; to provide for organizing, arming, 
and disciplining the militia, and for governing such parts of them 
as may be employed in the service of the United States; reserving 
to the States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline pre¬ 
scribed by Congress; to exercise exclusive legislation in all cases 
whatsoever over such district (not exceeding ten miles square) as 
may by cession of particular States, and the acceptance of Con¬ 
gress become the seat of the government of the United States; and 
to exercise like authority over all places purchased by the consent 
of the legislature of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dockyards, and other need¬ 
ful buildings; and to make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and all 


142 


A MANUAL OF 


other powers vested by this Constitution in the government of the 
United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight; but a tax or duty may be imposed on such im¬ 
portation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

No bill of attainder, or ex post facto law, shall be passed. 

No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census, or enumeration, herein before directed to be 
taken. 

No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given, by any regulation of commerce 
or revenue, to the ports of one State over those of another ; nor shall 
vessels bound to or from one State be obliged to enter, clear, or pay 
duties in another. 

No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and ac¬ 
count of the receipts and expenditures of all public money shall be 
published from time to time. 

No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept any present, emolu¬ 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign state. 

Sec. 10. No State shall enter into any treaty, alliance, or con¬ 
federation ; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a ten¬ 
der in payment of debts; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts ; or grant any title 
of nobility. No State shall, without the consent of the Congress, 
lay any imposts, or duties, on imports or exports, except what may 
be absolutely necessary for executing its inspection laws ; and the 
net produce of all duties and imposts, laid by any State on imports 
or exports, shall be for the use of the treasury of the United States ; 
and all such laws shall be subject to the revision and control of the 
Congress. No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops, or ships of war, in time of peace. 


CIVIL GOVERNMENT. 


143 

enter into any agreement or compact with another State or with a 
foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 

ARTICLE II. 

Section i. The executive power shall be vested in a Presi¬ 
dent of the United States of America. He shall hold his office 
during the term of four years; and. together with the Vice-Presi¬ 
dent, chosen for the same term, be elected as follows : 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors equal to the whole num¬ 
ber of senators and representatives to which the State may be en¬ 
titled in the Congress; but no senator or representative, or person 
holding an office of trust or profit under the United States, shall be 
■ appointed an elector. 

The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one, at least, shall not be an inhab¬ 
itant of the same State with themselves; and they shall make a list 
of all the persons voted for, and of the number of votes for each, 
which list they shall sign and certify, and transmit, sealed, to the 
seat of the government of the United States, directed to the presi¬ 
dent of the senate. The president of the senate shall, in the pres¬ 
ence of the senate and house of representatives, open all the certi 7 
ficates ; and the votes shall then be counted. The person having 
the greatest number of votes shall be president, if such number be 
a majority of the whole number of electors appointed ; and if there 
be more than one who have such majority, and have an equal num¬ 
ber of votes, then the house of representatives shall immediately 
choose by ballot one of them for president; and, if no person have 
a majority, then, from the five highest on the list, the said house 
shall, in like manner, choose the president; but, in choosing the 
president, the votes shall be taken by states, the representation 
from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two-thirds of the States; 
and a majority of all the States shall be necessary to a choice. In 
every case, after the choice of the president, the person having the 
greatest number of votes of the electors shall be the vice-president. 
But, if there should remain two or more who have equal votes, the 
senate shall choose from them, by ballot, the vice-president. [See 
Amendments, Article XII.] 

The Congress may determine the time of choosing the elect- 


A MANUAL OF 


144 

ors, and the day on which they shall give their votes ; which day 
shall be the same throughout the United States. 

No person, except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, shall 
be eligible to the office of president; neither shall any person be 
eligible to that office, who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

In case of removal of the president from office, or of his death, 
resignation, or inability to discharge the powers and duties of the 
said office, the same shall devolve on the vice-president; and the 
Congress may by law provide for the case of removal, death, resig¬ 
nation, or inability both of the president and vice-president, declar¬ 
ing what officer shall then act as. president; and such officer shall 
act accordingly, until the disability be removed, or a president shall 
be elected. 

The president shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected: and he 
shall not receive, within that period, any other emolument from 
the United States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation :— 

“1 do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best of 
my ability, preserve, protect, and defend the Constitution of the 
United States.” 

Sec. 2. The president shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the sev¬ 
eral States, when called into the actual service of the United States. 
He may require the opinion, in writing, of the principal officer in 
each of the executive departments, upon any subject relating to 
the duties of their respective offices; and he shall have power to 
grant reprieves and pardons for offences against the United States, 
except in cases of impeachment. 

He shall have power, by and with the advice and consent of 
the senate, to make treaties, provided two-thirds of the senators 
present concur; and he shall nominate, and, by and with the ad¬ 
vice and consent of the senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the supreme court, and all 
other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 



CIVIL GOVERNMENT. ^5 

law; but the Congress may by law vest the appointment of such 
inferior officers as they think proper, in the president alone, in the 
courts of law, or in the heads of departments. 

The president shall have power to fill up all vacancies that 
may happen during the recess of the senate, by granting commis¬ 
sions which shall expire ac the end of their next session. 

Sec. 3. He shall, from time to time, give to the Congress in¬ 
formation of the state of the Union, and recommend to their con¬ 
sideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper ; he shall receive ambassadors and other 
public ministers ; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United 
States. 

Sec. 4. The president, vice-president, and all civil officers of 
the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 


ARTICLE III. 

Section i. The judicial power of the United .States shall be 
vested in one supreme court, and in such inferior courts as the 
Congress may, from time to time, ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive for 
their services a compensation, which shall not be diminished dur¬ 
ing their continuance in office. 

Sec. 2. The judicial power shall extend to all cases in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public minis¬ 
ters, and consuls ; to all cases of admiralty and maritime jurisdic¬ 
tion ; to controversies to which the United States shall be a party; 
to controversies between two or more States; between a State, 
and citizens of another State ; between citizens of different States ; 
between citizens of the same State claiming lands under grants of 
different States; and between a State, or the citizens thereof, and 
foreign states, citizens, or subjects, [See Amendments, Article XI.] 

In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be a party, the supreme 





146 


A MANUAL OF 


court shall have original jurisdiction. In all the other cases before 
mentioned, the supreme court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regu¬ 
lations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where the said 
crimes shall have been committed ; but, when not committed with¬ 
in any State, the trial shall be at such place or places as the Con¬ 
gress may by law have directed. 

Sec. 3. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason, 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

The Congress shall have power to declare the punishment of 
treason ; but no attainder of treason shall work corruption of blood; 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section i. Full faith and credit shall be given in each State 
to the public acts, records, and judicial proceedings of every other 
State; and the Congress may, by general laws, prescribe the man¬ 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to all priv¬ 
ileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor ; but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 

Sec. 3. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within 
the jurisdiction of any other State, nor any State be formed by the 
junction of two or more States or parts of States, without the con¬ 
sent ol the legislatures of the States concerned, as well as of the 
Congress. 


V 


CIVIL GOVERNMENT. 


147 


The Congress shall have power to dispose of, and make all 
needful rules and regulations respecting the territory or other prop¬ 
erty belonging to the United States; and nothing in this Constitu¬ 
tion shall be so construed as to prejudice any claims of the United 
States or of any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government; and shall protect 
each of them against invasion, and on application of the legislature, 
or of the executive (when the legislature cannot be convened), 
against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two-thirds of the several States, 
shall call a convention for proposing amendments ; which, in either 
case, shall be valid to all intents and purposes, as part of this Con¬ 
stitution, when ratified by the legislatures of three-fourths of the 
several States, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by the Con¬ 
gress ; provided, that no amendment which may be made prior to 
the year one thousand eight hundred and eight, shall, in any man¬ 
ner, affect the first and fourth clauses in the ninth section of the 
first article; and that no State, without its consent, shall be de¬ 
prived of its equal suffrage in the senate. 

ARTICLE VI. 

All debts contracted, and engagements entered into before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the confederation. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land ; and the judges in every State shall 
be bound thereby, any thing in the constitution or laws of any 
State to the contrary notwithstanding. 

The senators and representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 
shall be bound, by oath or affirmation, to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 


148 


A MANUAL OF 


ARTICLE VII. 

The ratifications of the conventions of nine States shall be 
sufficient for the establishment of this Constitution, between the 
States so ratifying the same. 

AMENDMENTS. 

ARTICLE I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people 
peaceably to assemble, and to petition the government for a redress 
of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war but in a man¬ 
ner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated; and no warrants shall issue, but upon prob¬ 
able cause, supported by oath or affirmation, and particularly de¬ 
scribing the place to be searched, and the persons or things to be 
seized. 

ARTICLE V. 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia when in actual service in time of war or public danger ; nor 
shall any person be subject for the same offence to be twice put in 
jeopardy of life or limb ; nor shall be compelled, in any criminal 
case, to be a witness against himself, nor be deprived of life, lib¬ 
erty, or property, without due process of law; nor shall private 
property be taken for public use, without just compensation. 


CIVIL GOVERNMENT. 


149 


ARTICLE VI. 

In all criminal prosecutions, the accused shall enpy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law ; and to be in¬ 
formed of the nature and cause of the accusation, to be confronted 
with the witnesses against him, to have compulsory process for ob¬ 
taining witnesses in his favor, and to have the assistance of counsel 
for his defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved ; 
and no fact, tried by a jury, shall be otherwise re-examined, in any 
court of the United States, than according to the rules of the com¬ 
mon law. 


ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration, in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

ARTICLE X. 

The powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it, to the States, are reserved to the States 
respectively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign state. 

ARTICLE XII. 

The electors shall meet in their respective States, and vote by 
ballot for president and vice-president, one of whom, at least, shall 
not be an inhabitant of the same State with themselves ; they shall 
name in their ballots the person voted for as president, and in dis- 


i5o 


A MANUAL OF 


tinct ballots the person voted for as vice-president; and they shall 
make distinct lists of all persons voted for as president, and of all 
persons voted for as vice-president, and of the number of votes for 
each ; which lists they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
president of the sentate. The president of the senate shall, in the 
presence of the senate and house of representatives, open all the 
certificates; and the votes shall then be counted ; the person hav¬ 
ing the greatest number of votes for president shall be the presi¬ 
dent, if such number be a majority of the whole number of electors 
appointed ; and if no person have such majority, then from the 
persons having the highest numbers, not exceeding three, on the 
list of those voted for as president, the house of representatives 
shall choose immediately, by ballot, the president; but, in choos¬ 
ing the president, the votes shall betaken by States, the representa¬ 
tion from each State having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a choice ; and 
if the house of representatives shall not choose a president, when¬ 
ever the right of choice shall devolve upon them, before the fourth 
day of March next following, then the vice-president shall act as 
president, as in the case of the death or other constitutional dis¬ 
ability of the president. 

The person having the greatest number of votes as vice-presi¬ 
dent shall be the vice-president, if such number be a majority of 
the whole number of electors appointed : and, if no person have a 
majority, then, from the two highest numbers on the list, the senate 
shall choose the vice-president; a quorum for the purpose shall 
consist of two-thirds of the whole number of senators; and a ma¬ 
jority of the whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the office of presi¬ 
dent shall be eligible to that of vice-president of the United States. 
ARTICLE XIII. 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject 
to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

Section i. All persons born or naturalized in the United 


CIVIL GOVERNMENT. 


151 

States, and subject to the jurisdiction thereof, are citizens of the 
United States, and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or im¬ 
munities of citizens of the United States; nor shall any State de¬ 
prive any person of life, liberty, or property without due process of 
law, nor deny to any person within its jurisdiction the equal pro¬ 
tection of the laws. 

Sec. 2. Representatives shall be apportioned among the sev¬ 
eral States, according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice of 
electors for president and vice-president of the United States, rep¬ 
resentatives in Congress, the executive and judicial officers of a 
State, or the members of the legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, except 
for participation in rebellion or other crimes, the basis of represent¬ 
ation shall be reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male citizens, 
twenty-one years of age, in such State. 

Sec. 3. No person shall be a senator or representative in 
Congress, or elector of president and vice-president, or hold any 
office, civil or military, under the United States or under any State, 
who, having previously taken an oath as a member of Congress, or 
as an officer of the United States, or as a member of any State 
legislature, or as an executive or judicial officer of any State, to 
support the Constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid or com¬ 
fort to the enemies thereof. But Congress may by a vote of two- 
thirds of each house remove such disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen¬ 
sions and bounties for services in suppressing insurrection or rebel¬ 
lion, shall not be questioned. But neither the United States, nor 
any State, shall assume or pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all such debts, 
obligations, and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce by appro¬ 
priate legislation the provisions of this article. 


152 


A MANUAL OF 


ARTICLE XV. 

Section i. The right of eitizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. 


CONSTITUTION OF NEW YORK 
STATE. 

Adopted Nov. 6, 1894 and in force Jan. 1, 1897. 

We, the People of the State of New York, grateful to Almighty 
God for our Freedom, in order to secure its blessings, do establish 
this Constitution. 

ARTICLE I.— Individual Rights. 

1. Disfranchisement.— No member of this State shall be 
disfranchised, or deprived of any of the rights, privileges secured 
to any citizen thereof, unless by the law of the land, or the judg¬ 
ment of his peers. 

2. Trial by Jury. —The trial by jury in all cases in which 
it has been heretofore used, shall remain inviolate forever; but a 
jury trial may be waived by the parties in all civil cases in the man¬ 
ner to be prescribed by law. 

3. Religious Liberty. —The free exercise and enjoyment 
of religious profession and worship, without discrimination or 
preference, shall forever be allowed in this State to all mankind; and 
no person shall be rendered incompetent to be a witness on account 
of his opinions on matters of religious belief; but the liberty of con¬ 
science hereby secured shall not be so construed as to excuse acts 
of licentiousness, or justify practices inconsistent with the peace or 
safety of this State. 

4. Habeas Corpus. —The privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cas^s of rebellion 
or invasion, the public safety may require its suspension. 



CIVIL GOVERNMENT. 


153 


5. Bail, Fines.— Excessive bail shall not be required, nor 
excessive fines imposed, nor shall cruel and unusual punishments 
be inflicted, nor shall witnesses be unreasonably detained. 

6. Grand Jury. —No person shall be held to answer for a 
capital or otherwise infamous crime (except in cases of impeach¬ 
ment, and in cases of militia when in actual service; and the land 
and naval forces in time of war, or which this State may keep, with 
the consent of Congress, in time of peace; and in cases of petit 
larceny, under the regulation of the Legislature), unless on present¬ 
ment or indictment of a grand jury; and in any trial in any court 
whatever the party accused shall be allowed to appear and defend 
in person and with counsel as in civil actions, No person shall be 
subject to be twice put in jeopardy for the same offence; nor shall 
he be compelled in any criminal case to be a witness against him¬ 
self; nor be deprived of life, liberty or property without due process 
of law. nor shall private property be taken for public use, without 
just compensation. 

7. Private Property and Private Roads. —When pri¬ 
vate property shall be taken for any public use the compensation to 
be made therefor, when such compensation is not made by the 
State, shall be ascertained by a jury or by not less than three com¬ 
missioners appointed by a court of record, as shall be prescribed 
by law. Private roads may be opened in the manner to be pre¬ 
scribed by law; but in every case the necessity of the road, and the 
amount of ail damage to be sustained by the opening thereof, shall 
be first determined by a jury of freeholders, and such amount, to¬ 
gether with the expenses of the proceeding, shall be paid by the 
person to benefited. General laws may be passed permitting the 
owners or occupants of agricultural lands to construct and main¬ 
tain for the drainage thereof, necessary drains, ditches and dykes 
upon the lands of others, under proper restrictions and with just 
compensation, but no special laws shall be enacted for such purposes. 

8. Free Speech and Press. —Every citizen may freely 
speak, write and publish his sentiment on all subjects, being respon¬ 
sible for the abuse of that right; and no law shall be passed to 
restrain or abridge the liberty of speech or of the press In all 
criminal prosecutions or indictments for libels, the truth may be 
given in evidence to the jury; and if it shall appear to the jury, that 
the matter charged as libelous is true, and was published with good 
motives, and for justifiable ends, the party shall be acquitted; and 
the jury shall have the right to determine the law and the fact/ 

9. Petitions, Divorces, Lotteries.—N o law shall be 


154 


A MANUAL OF 


passed abridging the right of the people peaceblv to assemble and 
to petition the government, or any department thereof, nor shall 
any divorce be granted, otherwise than by due judicial proceedings; 
nor shall any lottery, or the sale of any lottery tickets, poolselling, 
bookmaking, or any other kind of gambling hereafter be authorized 
or allowed within this State; and the Legislature shall pass appro¬ 
priate laws to prevent offences against any of the provisions of this 
section. 

10. Property in Lands. —The people of this State, in their 
right of sovereignty, are deemed to possesss the original and ulti¬ 
mate property in and to all lands within the jurisdiction of the 
State; and all lands the title to which shall fail, from a defect of 
heirs, shall revert or escheat to the people. 

11. Feudal Tenures. —All feudal tenures of every descrip¬ 
tion, with all their incidents, are declared to be abolished, saving 
however all rents and services certain which at any time hereto¬ 
fore have been lawfully created or reserved. 

12. Allodial Tenure.— All lands within this State are 
declared to be allodial, so that, subject only to the liability to 
escheat, the entire and absolute property is vested in the owners, 
according to the nature of their respective estates. 

13. Limit of Leases. —No lease or grant of agricultural 
land, for a longer period than twelve years, hereafter made in which 
shall be reserved any rent or service of any kind, shall be valid. 

14. Fines, Quarter Sales. —All fines, quarter sales, or 
other like restraints upon alienation reserved in any grant of land, 
hereafter to be made, shall be void. 

15. Indian Lands. No purchase or contract for the sale of 
lands in this State made since the fourteenth day of October, one 
thousand seven hundred and seventy five, or which may hereafter 
be made of, or with the Indians, shall be valid,unless made under 
the authority, and with the consent of the Legislature. 

16. Codification of Laws. —Such parts of the common 
law, and of the acts of the Legislature of the Colony of New York, 
as together did form the law of the said colony, on the nineteenth 
day of April, one thousand seven hundred and seventy-five, and 
the resolutions of the Congress of the said Colony, and of the con¬ 
vention of the State of New York, in force on the twentieth day of 
April, one thousand seven hundred and seventy-seven, which have 
nominee expired, or been repealed or altered; and such acts of the 
Legislature of this State as are now in force, shall be and continue 
the law of this State, subject to such alterations as the Legislature 


CIVIL GOVERNMENT. 


155 


shall make concerning the same. But all such parts of the common 
law and such of the said acts, or parts thereof, as are repugnant to 
this Constitution, are hereby abrogated. 

17. Grants of Land.— All grants of land within the State, 
made by the king of Great Britain, or persons acting under his 
authority, after the fourteenth day of October, one thousand seven 
hundred and seventy-five, shall be null and void;but nothing con¬ 
tained in this Constitution shall effect any grants of land within this 
State, made by the authority of the said king, or his predecessors, 
or shall annul any charters to bodies politic and corporate, by him 
or them made, before that day; or shall effect any such grants or 
charters since made by this State, or by persons acting under its 
authority; or shall impair the obligation of any debts contracted by 
the State, or individuals, or bodies corporate, or any other rights of 
property, or ally suits, actions, rights of action, or other proceedings 
in courts of justice 

18. Damages. —The right of action now existing to recover 
damages for injuries resulting in death, shall never be abrogated; 
and the amount recoverable shall not be subject to any statutory 
limitation. 


ARTICLE II.— Voters, 

1. Qualifications. —Every male citizen of the age of 
twenty-one years who shall have been a citizen for ninety days and 
an inhabitant of this State one year next preceding an election, and 
for the last four months a resident of the county, and for the last 
thirty days a residenr of the elction district in which he may offer 
his vote, shall be entitled to vote at such election in the election 
district of which he shall at the time be a resident, and not else¬ 
where, for all officers that now are or hereafter may be elective by 
the people, and upon all questions which may be submitted to the 
vote of the people, provided that in time of war no elector in the 
actual military service of the State, or of the United States, in the 
army or navy thereof, shall be deprived of his vote by reason of his 
absence from such election district; and the Legislature shall have 
power to provide the manner in which and the time and place at 
which such absent electors may vote, and for the return and can¬ 
vass of their votes in the election districts in which they respective¬ 
ly reside. 

2. Bribery. —No person who shall receive, accept or offer to 
receive, or pay, offer or promise to pay, contribute, offer or promise 
to contribute another, to be paid or used, any money or other 


A MANUAL OF 


156 

valuable thing as a compensation or reward for the giving or with¬ 
holding a vote at an election, or who shall make any promise to 
influence the giving or withholding any such vote, or who shall 
make or become directly or indirectly interested in any bet or wager 
depending upon the result of any election, shall vote at such elec¬ 
tion, and upon challenge for such cause, the person so challenged, 
before the officers authorized for that purpose shall receive his vote, 
shall swear or affirm before such officers that he has not received 
or offered, does not expect to receive, has not paid, offered or 
promised to pay, contributed, offered or promised to contribute to 
another, to be paid or used, any money or other valuable thing as 
a compensation or reward for the giving or withholding a vote at 
such election, and has not made any promise to influence the giv¬ 
ing or witholding of any such vote, nor made or become directly 
or indirectly interested in any bet or wager depending upon the result 
of such election. The Legislature shall enact laws excluding from the 
right of suffrage all persons convicted of bribery or ofany infamous 
crime. 

3. Residence. —For the purpose of voting, no person shall 
be deemed to have gained or lost a residence, by reason of his 
presence or absence, while employed in the service of the United 
States; nor while engaged in the navigation of the waters of this 
State, or of the United States, or of the high seas; nor while a stu¬ 
dent of any seminary of learning; nor while kept at any almshouse, 
or other asylum, or institution wholly or partly supported at public 
expense or by charity; nor while confined in any public prison. 

4. Enactments. —Laws shall be made for ascertaining by 
proper proofs the citizens who shall be entitled to the right of suf¬ 
frage hereby established, and for the registration of voters, which 
registration shall be completed at least ten days before each elec¬ 
tion. Such registration shall not be required for town and village 
elections except by express provision of law. In cities and villages 
having five thousand inhabitants or more, according to the last pre¬ 
ceding state enumeration of inhabitants, voters shall be registered 
upon personal application only; but voters not residing in such cities 
or villages shall not be required to apply in person for registration 
at the first meeting of the officers having charge of the registry of 
voters. 

5. Election by Ballot.— All election by the citizens, ex¬ 
cept for such town officers as may by law be directed to be other¬ 
wise chosen, shall be by ballot, or by such other method as may be 
prescribed by law, provided that secrecy in voting be preserved. 



CIVIL GOVERNMENT. 


157 

6. Boards of Registry. —All laws creating, regulating or 
affecting boards or officers charged with the duty of registering 
voters, or of distributing ballots at the polls to voters, or of receiv¬ 
ing, recording or counting votes at elections, shall secure equal 
representation of the two political parties which, at the general 
election next preceding that for which such boards or officers are 
to serve, cast the highest and the next highest number of votes. 
All such boards and officers shall be appointed or elected in such 
manner, and upon the nomination of such representatives of said 
parties respectively, as the Legislature may direct. Existing laws 
on this subject shall continue until the Legislature shall otherwise 
provide. This section shall not apply to town meetings or to vil¬ 
lage elections. 


ARTICLE III.— The Legislature. 

1. Two Houses. —The legislative power of this State shall be 
vested in a Senate and Assembly. 

2. How Constituted —The Senate shall consist of fifty 
members, except as hereinafter provided. The Senators elected in 
the year 1895 shall hold their offices for three years, and their suc¬ 
cessors shall be chosen for two years. The Assembly shall consist 
of one hundred and fifty members who shall be chosen for one year. 

3. Senate DiSTRiCTS.-^The State shall be divided into fifty 
districts, to be called Senate districts, each of which shall choose 
one Senator. The districts shall be numbered from one to fifty 
inclusive. 

4. How Changed. —An enumeration of the inhabitants of 
the State shall be taken under the direction of the Secretary of 
State, during the months of May and June, in the year 1905, and 
in the same months every tenth year thereafter; and the said dis¬ 
tricts shall be so altered by the Legislature at the first regular ses¬ 
sion after the return of every enumeration, that each Senate district 
shall contain as nearly as may be an equal number of inhabitants, 
excluding aliens, and be in as compact form as practicable, and 
shall remain unaltered until the return of another enumeration, and 
shall at all times consist of contiguous territory, and no county 
shall be divided in the formation of a Senate district except to make 
two or more Senate districts wholly in such county. No town, and 
no block in a city enclosed by streets or public ways, shall be di¬ 
vided in the formation of Senate districts; nor shall any district 
contain a greater excess in population over an adjoining district in 
the same county, than the population of a town or block therein. 



A MANUAL OF 


I 5 8 

adjoining such district. Counties, towns or blocks which, from 
their location, may be included in either of two districts, shall be so 
placed as to make said districts most nearly equal in number of in¬ 
habitants, excluding aliens. 

No county shall have four or more Senators unless it shall have a 
full ratio for each Senator. No county shall have more than one- 
third of all the Senators; and no two counts or the territory thereof 
as now organized, which are adjoining counties, or which are sep¬ 
arated only by public waters, shall have more than one-half of all 
the Senators. 

The ratio for apportioning Senators shall always be obtained by- 
dividing the number of inhabitants, excluding aliens, by fifty, and 
the Senate shall always be composed of fifty members, except that 
if any county having three or more Senators at the time of any ap¬ 
portionment shall be entitled on such ratio to an additional Senator 
or Senators, such additional Senator or Senators shall be given to 
such county in addition to the fifty Senators, and the whole num¬ 
ber of Senators shall be increased to that extent. 

5. Assembly Districts. —The members of the Assembly 
shall be chosen by single districts, and shall be apportioned by the 
Legislature at the first regular session after the return of every 
enumeration among the several counties of the State, as nearly as 
may be according to the number of their respective inhabitants, ex¬ 
cluding aliens. Every county heretofore established and separately 
organized, except the county of Hamilton, shall always be entitled 
to one Member of Assembly, and no county shall hereafter be 
erected unless its population shall entitle it to a member. The 
county of Hamilton shall elect with the county of Fulton, until the 
population of the county of Hamilton shall, according to the ratio; 
entitle it to a member. But the Legislature may abolish the said 
county of Hamilton and annex the territory thereof to some other 
county or counties. 

The quotient obtained by dividing the whole number of inhab¬ 
itants of the State, excluding aliens, by the number of Members of 
Assembly, shall be the ratio for apportionment, which shall be 
made as follows : One Member of Assembly shall be apportioned 
to every county, including Fulton and Hamilton as one county, 
containing less than the ratio and one-half over. Two members 
shall be apportioned to every other county. The remaining Mem¬ 
bers of Assembly shall be apportioned to the counties having more 
than two ratios according to the number of inhabitants, excluding 
aliens. Members apportioned on remainders shall be apportioned 


CIVIL GOVERNMENT. 


159 


to the counties having the highest remainders in the order thereof 
respectively. No county shall have more Members of Assembly 
than a county having a greater number of inhabitants, excluding 
aliens. 

In any county entitled to more than one member, the board of 
supervisors, and in any city embracing an entire county and having 
no board of supervisors, the common council, or if there be none, 
the body exercising the powers of a common council, shall assemble 
on the second Tuesday of June, 1895, an d at such times as the 
Legislature making an apportionment shall prescribe, and divide 
such counties into Assembly districts as nearly equal in number of 
inhabitants, excluding aliens, as may be, of convenient and contig¬ 
uous territory in as compact form as practicable, each of which 
shall be wholly within a Senate district formed under the same ap¬ 
portionment, equal to the number of Members of Assembly to 
which such county shall be entitled, and shall cause to be filed in 
the office of the Secretary of State and of the clerk of such countv, 
a description of such districts, specifying the number of each dis¬ 
trict and of the inhabitants thereof, excluding aliens, according to- 
the last preceding enumeration; and such apportionment and dis¬ 
tricts shall remain unaltered until another enumeration shall be 
made, as herein provided ; but said division of the city of Brooklyn 
and the county of Kings to be made on the second Tuesday of 
June, 1895, shall be made by the common council of such city and 
the board of supervisors of said county, assembled in joint session. 
In counties having more than one Senate district, the same num¬ 
ber of Assembly districts shall be put in each Senate district, un¬ 
less the Assembly districts cannot be evenly divided among the 
Senate districts of any county, in which case one more Assembly 
district shall be put in the Senate district in such county having the 
largest, or one less Assembly district shall be put in the Senate 
district in such county having the smallest number of inhabitants, 
excluding aliens, as the case may require. No town, end no block 
in a city enclosed by streets or public ways, shall be divided in the 
formation of Assembly districts, nor shall any district contain a 
greater excess in population over an adjoining district in the same 
Senate district, than the population of a town or block therein ad¬ 
joining such Assembly district. Towns or blocks which, from 
their location, may be included in either of two districts, shall be 
so placed as to make said districts most nearly equal in number of 
inhabitants, excluding aliens; but in the division of cities under 
the first apportionment, regard shall be had to the number of in- 



A MANUAL OF 


160 

habitants, excluding aliens, of the election districts according to the 
state enumeration of 1892, so far as may be, instead of blocks. 
Nothing in this section shall prevent the division, at any time, of 
counties and towns, and the erection of new towns by the Legisla¬ 
ture. 

An apportionment by the Legislature, or other body, shall be 
subject to review by the Supreme Court, at the suit of any citizen, 
under such reasonable regulations as the Legislature may prescribe ; 
and any court before which a cause may be pending involving an 
apportionment shall give precedence thertto over all other causes 
and proceedings, and if said court be hot in session it shall convene 
promptly for the disposition of the same. 

6. Salary of Members. —Each member of the Legislature 
shall receive for his services an annual salary of one thousand and 
five hundred dollars. The members of either house shall also re¬ 
ceive the sum of one dollar for every ten miles they shall travel, in 
going to and returning from their place of meeting, once in each 
session, on the most usual route. Senators, when the'Senate alone 
is convened in extraordinary session, or when serving as members 
of the Court for the Trial of Impeachments, and such members of 
the Assembly, not exceeding nine in number, as shall be appointed 
managers of an impeachment, shall receive an additional allowance 
of ten dollars a day. 

7. Prohibitions. —No member of the Legislature shall re¬ 
ceive any civil appointment within this State, or the Senate of the 
United States, from the Governor, the Governor and Senate, or 
from the Legislature, or from any city government during the time 
for which he shall have been elected ; and all such appointments 
and all votes given for any such member for any such office or ap¬ 
pointment shall be void. 

8. Disqualifications— No person shall be eligible to the 
. Legislature who, at the time of his election, is, or within one hun¬ 
dred days previous thereto has been, a member of Congress, a civil 
or military officer under the United States, or an officer under any 
city government; and if any person shall, after his election as a 
member of the Legislature, be elected to Congress, or appointed 
to any office, civil or military, under the government of the United 
States, or under any city government, his acceptance thereof shall 
vacate his seat. 

9. Time of Election. —The elections of Senators and 
Members of Assembly, pursuant to the provisions of this Constitu- 


CIVIL GOVERNMENT. 


161 


tion, shall be held on the Tuesday succeeding the first Monday of 
November, unless otherwise directed by the Legislature. 

10. Powers of Each House. —A majority ot each house 
shall constitute a quorum to do business. Each house shall 
determine the rules of its own proceedings, and be the judge 
of the elections, returns and qualifications of its own members ; 
shall choose its own officers; and the Senate shall choose a tempo¬ 
rary president to preside in case of the absence or impeachment of 
the Lieutenant-Governor, or when he shall refuse to act as presi¬ 
dent, or shall act as Governor. 

11 . Journals —Each house shall keep a journal of its pro¬ 
ceedings, and publish the same, except such parts as may require 
secrecy. The doors of each house shall be kept open, except when 
the public welfare shall require secrecy. Neither house shall, 
without the consent of the other, adjourn for more than two days. 

12. Privilege. —For any speech or debate in either house of 
the Legislature, the members shall not be questioned in any other 
place. 

13. Bills. —Any bill may originate in either house of the 
Legislature, and all bills passed by one house may be amended by 
the other. 

14. Enacting Clause. —The enacting clause of all bills 
shall be “ The people of the State of New York, represented in 
Senate and Assembly, do enact as follows,” and no law shall be 
enacted except by bill. 

15. Majority. —No bill shall be passed or become a law 
unless it shall have been printed and upon the desks of the mem¬ 
bers in its final form, at least three calendar legislative days prior to 
its final passage, unless the Governor, or the acting Governor, shall 
have certified to the necessity of its immediate passage, under his 
hand and the seal of the State ; nor shall any bill be passed or be¬ 
come a law, except by the assent of a majority of the members elected 
to each branch of the Legislature ; and upon the last reading of a 
bill, no amendment thereof shall be allowed, and the question upon 
its final passage shall be taken immediately thereafter, and the yeas 
and nays entered on the journal. 

16. Private Bills. —No private or locai bill, which may be 
passed by the Legislature, shall embrace more than one subject, 
and that shall be expressed in the title. 

17. Restrictions. —No act shall be passed which shall pro¬ 
vide that any existing law, or any part thereof, shall be made or 
deemed a part of said act, or which shall enact that any existing 


162 


A MANUAL OF 


law, or part thereof, shall be applicable, except by inserting it in 
such cict 

1 8. Private and Local Bills. —The Legislature shall not 
pass a private or local bill in any of the following cases : 

Changing the names of persons. 

Laying out, opening, altering, working or discontinuing roads, 
highways or alleys, or for draining swamps or other low lands. 

Locating or changing county seats. 

Providing for changes of venue in civil or criminal cases. 

Incorporating villages. 

Providing for election of members of boards of supervisors. 

Selecting, drawing, summoning or impanelling grand or petit 
jurors. 

Regulating the rate of interest on money. 

The opening and conducting of elections or designating places 
of voting. 

Creating, increasing or decreasing fees, percentage or allow¬ 
ances of public officers, during the term for which said officers are 
■elected or appointed. 

Granting to any corporation, association or individual the 
right to lay down railroad tracks. 

Granting to any private corporation, association or individual 
any exclusive privilege, immunity or franchise whatever. 

Providing for building bridges, and chartering companies for 
such purposes, except on the Hudson river below Waterford, and 
on the East river, or over the waters forming a part of the boun¬ 
daries of the State. 

The Legislature shall pass general laws providing for the cases 
enumerated in this section, and for all other cases which in its 
judgment may be provided for by general laws. But no law shall 
authorize the construction or operation of a street railroad except 
upon the condition that the consent of the owners of one-half in 
value the property bounded on, and the consent also of the local 
authorities having the control of that portion of a street or high¬ 
way upon which it is proposed to construct or operate such railroad 
be first obtained, or in case the consent of such property owners 
cannot be obtained, the appellate division of the Supreme Court, 
in the department in which it is proposed to be constructed, may, 
upon application, appoint three commissioners who shall determine, 
a fter a hearing of all parties interested, whether such railroad 
0 ught to be constructed or operated, and their determination, con- 


CIVIL GOVERNMENT. 


163 

firmed by the court, may be taken in lieu of the consent of the 
property owners. 

19. Private Claims. —The Legislature shall neither audit 
nor allow any private claim or account against the State, but may 
appropriate money to pay such claims as shall have been audited 
and allowed according to law. 

20. Appropriation Bills.— The assent of two-thirds of 
the members elected to each branch of the Legislature, shall be 
requisite to every bill appropriating the public moneys or property 
for local or private purposes. 

21. Appropriation Bills.— No money shall ever be paid 
out of the treasury of this State, or any of its funds, or any of the 
funds under its management, except in pursuance of an appropria¬ 
tion by law ; nor unless such payment be made within two years 
next after the passage of such appropriation act; and every such 
law making a new appropriation, or continuing or reviving an ap¬ 
propriation, shall distinctly specify the sum appropriated, and the 
object to which it is to be applied ; and it shall not be sufficient for 
such law to refer to any other law to fix such sum. 

22. Appropriation Bills. —No provision or enactment 
shall be embraced in the annual appropriation or supply bill, unless 
it relates specifically to some particular appropriation in the bill; 
and any such provision or enactment shall be limited in its opera¬ 
tion to such appropriation. 

23. Limitations. —Sections seventeen and eighteen of this 
article shall not apply to any bill, or the amendments to any bill, 
which shall be reported to the Legislature by commissioners who 
have been appointed pursuant to law to revise the statutes. 

24. Tax Bills. —Every law which imposes, continues or re¬ 
vives a tax shall distinctly state the tax and the object to which it 
is to be applied, and it shall not be sufficient to refer to any other 
law to fix such tax or object. 

25. On the final passage, in either house of the Legislature, 
of any act which imposes, continues or revives a tax, or creates a 
debt or charge, or makes, continues or revives any appropriation 
of public or trust money or property, or releases, discharges or 
commutes any claim or demand of the State, the question shall be 
taken by yeas and nays, which shall be duly entered upon the 
journals, and three-fifths of all the members elected to either house 
shall, in all such cases, be necessary to constitute a quorum therein. 

26. Supervisors. —There shall be in the several counties, 
except in cities whose boundaries are the same as those of the 




A MANUAL OF 


164 

county, a board of supervisors, to be composed of such members, 
and elected in such manner, and for such period, as is or may be 
provided by law. In any such city the duties and powers of a 
board of supervisors may be devolved upon the common council 
or board of aldermen thereof. 

27. Local Legislation. —The Legislature shall, by general 
laws, confer upon the boards of supervisors of the several counties 
of the State, such further powers of local legislation and adminis¬ 
tration as the Legislature may from time to time deem expedient. 

28. Compensation. —The Legislature shall not, nor shall 
the common council of any city nor any board of supervisors, grant 
any extra compensation to any public officer, servant, agent or con¬ 
tractor. 

29. Contract Labor Abolished. —The Legislature shall, 
by law, provide for the occupation and employment of prisoners 
sentenced to the several state prisons, penitentiaries, jails and re¬ 
formatories in the State ; and on and after the first day of January, 
in the year 1897, no person in any such, prison, penitentiary, jail or 
reformatory, shall be required or allowed to work, while under sen¬ 
tence thereto, at any trade, industry, or occupation, wherein or 
whereby his work, or the product or profit of his work, shall be 
farmed out, contracted, given or sold to any person, firm, associa¬ 
tion or corporation This section shall not be construed to prevent 
the Legislature from providing that convicts may work for, and 
that the products of their labor may be disposed of to, the State or 
any political division thereof, or for or to any public institution 
owned or managed and controlled by the State, or any political 
division thereof. 

ARTICLE IV.— Executive Department. 

1. Executive Power— The executive power shall be 
vested in a Governor, who shall hold his office for two years; a 
Lieutenant-Governor shall be chosen at the same time, and for the 
same term. The Governor and Lieutenant-Governor elected next 
preceding the time when this section shall take effect shall hold 
office until and including the thirty-first day of December, 1896, 
and their successors shall be chosen at the general election in that 
year. 

2. Eligibility. —No person shall be eligible to the office of 
Governor or Lieutenant-Governor, except a citizen of the United 
States, of the age of not less than thirty years, and who shall have 
been five years, next preceding his election, a resident of this 
State. 


CIVIL GOVERNMENT. 


165 

3. Election. —The Governor and Lieutenant-Governor 
shall be elected at the times and places ■'of choosing members of 
the Assembly. The persons respectively having the highest num¬ 
ber of votes for Governor and Lieutenant-Governor, shall be 
elected ; but in case two or more shall have an equal and the high¬ 
est number of votes for Governor, or for Lieutenant-Governor, the 
two houses of the Legislature, at its next annual session, shall, 
forthwith, by joint ballot, choose one of the said persons so having 
an equal and the highest number of votes for Governor or Lieuten¬ 
ant-Governor. 

4. Duties Of Governor. —The Governor shall be Com- 
mander-in-Chief of the military and naval forces of the State. He 
shall have power to convene the Legislature (or the Senate only) 
on extraordinary occasions. At extraordinary sessions no subject 
shall be acted upon, except such as the Governor may recommend 
for consideration. He shall communicate by message to the Legis¬ 
lature at every session the condition of the State, and recommend 
such matters to it as he shall judge expedient. He shall transact 
all necessary business with the officers of government, civil and 
military. He shall expedite all such measures as may be resolved 
upon by the Legislature, and shall take care that the laws are faith¬ 
fully executed. He shall receive for his services an annual salary 
of ten thousand dollars, and there shall be provided for his use a 
suitable and furnished executive residence. 

5. Pardons —The Governor shall have the power to grant 
reprieves, commutations and pardons after conviction, for all of¬ 
fences except treason and cases of impeachment, upon such condi¬ 
tions, and with such restrictions and limitations, as he may think 
proper, subject to such regulations as may be provided by law rel¬ 
ative to the manner of applying for pardons. Upon conviction for 
treason, he shall have power to suspend the execution of the sen¬ 
tence, until the case shall be reported to the Legislature at its next 
meeting, when the Legislature shall either pardon, or commute the 
sentence, direct the execution of the sentence, or grant a further 
reprieve. He shall annually communicate to the Legislature each 
case of reprieve, commutation or pardon granted; stating the 
name of the convict, the crime of which he was convicted, the sen¬ 
tence and its date, and the date of the commutation, pardon or re¬ 
prieve. 

6. Power May Devolve on Lieutenant-Governor.— 
In case of the impeachment of the Governor, or his removal from 
office, death, inability to discharge the powers and duties of the 


A MANUAL OF 


166 

said office, resignation or absence from the State, the powers and 
duties of the office shall devolve upon the Lieutenant-Governor for 
the residue of the term, or until the disability shall cease. But 
when the Governor shall, with the consent of the Legislature, be 
out of the State in time of war, at the head of a military force 
thereof, he shall continue commander-in-chief of all the military 
force of the State. 

7. Duties of Lieutenant-Governor. —The Lieutenant- 
Governor shall possess the same qualifications of eligibility for 
office as the Governor. He shall be president qf the Senate, but 
shall have only a casting vote therein. If, during a vacancy of the 
office of Governor, the Lieutenant-Governor shall be impeached, 
displaced, resign, die, or become incapable of performing the duties 
of his office, or be absent from the State, the president of the Sen¬ 
ate shall act as Governor until the vacancy be filled, or the dis¬ 
ability shall cease ; and if the President of the Senate for any of 
the above causes shall become incapable of performing the duties 
to the office of the Governor, the Speaker of the Assembly shall 
act as Governor until the vacancy be filled or the disability shall 
cease. 

8. Salary.— The Lieutenant-Governor shall receive for his 
services an annual salary of five thousand dollars, and shall not re¬ 
ceive or be entitled to any other compensation, fee or perquisite for 
any duty or service he maybe required to perform by the Constitu¬ 
tion or by law. 

9. The Veto. —Every bill which shall have passed the Senate 
and Assembly shall, before it becomes a law, be presented to the 
Governor; if he approve, he shall sign it; but if not, he shall return 
it with his objections to the house in which it shall have originated, 
which shall enter the objections at large on the journal, and pro¬ 
ceed to reconsider it. If, after such reconsideration, two-thirds of 
the members elected to that house shall agree to pass the bill, it 
shall be sent together with the objections to the other house by 
which it shall likewise be reconsidered; and if approved by two- 
thirds of the members elected to that house, it shall become a law 
notwithstanding the objections of the Governor. In all such cases 
the votes in both houses shall be determined by yeas and nays, and 
the names of the members voting shall be entered on the journal 
of each respectively. If any bill shall not be returned by the Gov¬ 
ernor within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law in like manner as if he 
had s gned it, unless the Legislature shall, by their adjournment, 


CIVIL GOVERNMENT. 


167 

prevent its return, in which case it shall not become a law without 
the approval of the Governor, No bill shall become a law after 
the final adjournment of the Legislature, unless approved by the 
Governor within thirty day after such adjournment. If any bill 
presented to the Governor contains several items of appropriation 
of money, he may object to one or more of such items while ap¬ 
proving of the other portion of the bill. In such case, he shall ap¬ 
pend to the bill, at the time of signing it, a statement of the items 
to which he objects; and the appropriation so objected to shall not 
take effect. If the Legislature be in session he shall transmit to 
the house in which the bill originated a copy of such statement, and 
the items objected to shall be separately reconsidered. If, on re¬ 
consideration, one or more of such items be approved by two- 
thirds of the members elected to each house, the same shall be 
part of the law, notwithstanding the objections of the Governor. 
All the provisions of this section, in relation to bill not approved 
by the Governor, shall apply in cases in which he shall withold his 
approval from any item or items contained in a bill appropriating 
money. 


ARTICLE V.—Other State Officers. 

1. Principal State Officers— The Secretary of State, 
Comptroller, Treasurer, Attorney-General and State Engineer and 
Surveyor shall be chosen at a general election, at the times and 
places of electing a Governor and Lieutenant-Governor, and shall 
hold their offices for two years, except as provided in section two 
of this article. Each of the officers in this article named, 
excepting the Speaker of the Assembly, shall, at stated times dur¬ 
ing his continuance in office, receive for his serivces a compensation 
which shall not be increased or diminished during the term for 
which he shall have been elected; nor shall he receive to his use any 
fees or perquistes of office or other compensation. No person 
shall be elected to the office of State Engineer and Surveyor who 
is not a practical civil engineer. 

2. When Elected. —The first election of the Secretary of 
State, Comptroller, Treasurer, Attorney-General and State Engi¬ 
neer and Surveyor, pursuant to this article, shall be held in the year 
1895, and their terms of office shall begin on the first day of Janu¬ 
ary following, and shall be for three years. At the general election 
in the year 1898, and every two years thereafter, their successors 
shall be chosen for the term of two years. 

3. Superintendent of Public Works—A Superinten- 


A MANUAL OF 


168 

dent of Public Works shall be appointed by the Governor, by and 
with the advice and consent of the Senate, and hold his office until 
the end of the term of the Governor by whom he was nominated, 
and until his successor is appointed and qualified. He shall re¬ 
ceive a compensation to be fixed by law. He shall be required by 
law to give security for the faithful execution of his office before 
entering upon the duties thereof. He shall be charged with the 
execution of all laws relating to the repair and navigation of the 
canals, and also of those relating to the construction and improvemen t 
of the canals, except so far as the execution of the laws relating to 
such construction or improvement shall be confided to the State 
Engineer and Surveyor; subject to the control of the Legislature, 
he shall make the rules and regulations for the navigation or use of 
the canals. He may be suspended or removed from office by the 
Governor, whenever, in his judgment, the public interest shall so 
require; but in case of the removal of such Superintendent of Pub¬ 
lic Works from office, the Governor shall file with the Secretary of 
State, a statement of the cause of such removal, and shall report 
such removal, and the cause thereof, to the Legislature at its next 
session. The Superintendent of Public Works shall appoint not 
more than three assistant superintendents, whose duties shall be 
prescribed by him, subject to modification by the Legislature, and 
who shall receive for their services a compensation to be fixed by 
law. They shall hold their office for three years, subject to sus¬ 
pension or removal by the Superintendent of Public Works, 
whenever, in his judgement, the public interest shall so require. 
Any vacancy in the office of any such assistant superintendent 
shall be filled for the remainder of the term for which he was ap¬ 
pointed by the Superintendent of Public Works; but in case of the 
suspension or removal of any such assistant superintendent by him, 
he shall at once report to the Governor, in writing, the cause of 
such removal. All other persons employed in the care and man¬ 
agement of the canals; except collectors of tolls, and those in the 
department of the State Engineer and Surveyor, shall be appointed 
by the Superintendent of Public Works, and be subject to suspen¬ 
sion or removal by him. The Superintendent of Public Works 
shall perform all the duties of the Canal Commissioners, and board 
of Canal Commissioners, as now declared by law, until otherwise 
provided by the Legislature. The Governor, by and with the ad¬ 
vice and consent of the Senate, shall have power to fill vacancies in 
the office of Superintendent of Public Works; if the Senate be not 
in session, he may grant commissions, which shall expire at the 
end of the next succeeding session of the Senate. 


CIVIL GOVERNMENT. 


169 


4. Superintendent of State Prisons —A Superinten¬ 
dent of State Prisons shall be appointed by the Governor, by and 
with the advice and consent and advice of the Senate, and hold his 
office for five years unless sooner removed; he shall give security in 
such amount, and with such sureties as shall be required bylaw for 
the faithful discharge of his duties; he shall have the superinten¬ 
dence, management and control of State Prisons, subject to such 
laws as now exist or may hereafter be enacted; he shall appoint the 
agents, wardens, physicians and chaplains of the prisons. The 
agent and warden of each prison shall appoint all other officers of 
such prison, except the clerk, subject to the approval of the same 
by the Superintendent. The Comptroller shall appoint the clerks 
of the prisons. The Superintendent shall have all the powers and per¬ 
form all the duties not inconsistent herewith, which were formerly 
had and performed by the Inspectors of State Prisons. The Gov¬ 
ernor may remove the Superintendent for cause at any time, giving 
to him a copy of the charges against him, and an opportunity to be 
heard in his defence.. 

5. Commissioners of the Land Office. —The Lieuten¬ 
ant-Governor, Speaker of the Assembly, Secretary of State, Comp¬ 
troller, Treasurer, Attorney-General and State Engineer and Sur¬ 
veyor, shall be the Commissioners of the Land Office. The Lieu¬ 
tenant-Governor, Secretary of Smte, Comptroller. Treasurer and 
Attorney-General shall be the Commissioners of the Canal Fund. 
The Canal Board shall consist of the Commissioners of the Canal 
Fund, the State Engineer and Surveyor, and the Superintendent of 
Public Works. 

6. POWERS and Duties. —The powers and duties of the 
respective Boards, and of the several officers in this article men¬ 
tioned, shall be such as now are or hereafter may be prescribed by 
law. 

7. Treasurer may be Suspended —The Treasurer may 
be suspended from office by the Governor, during the recess of the 
Legislature; and until thirty days after the commencement of the 
next session of the Legislature, whenever it shall appear to him 
that such Treasurer has, in any particular, violated his duty. The 
Governor shall appoint a competent person to discharge the duties 
of the office during such suspension of the Treasurer. 

8. Certain Offices Abolished. —All offices for the weigh¬ 
ing, gauging, measuring, culling or inspecting any merchandise, 
produce, manufacture or commodity whatever, are hereby abol¬ 
ished, and no such office shall hereafter be created by law; but 


170 


A MANUAL OF 


nothing in this section contained shall abrogate any office created 
for the purpose of protecting the public health or the interests of the 
State in its property, revenue, tolls, or purchases, or of supplying 
the people wifh correct standards of weights and measures, or shall 
prevent the creation of any office for such purposes hereafter. 

9. Civil Service.— Appointments and promotions in the 
civil service of the State, and of all the civil divisions thereof, in¬ 
cluding cities and villages, shall be made according to merit and fit¬ 
ness to be ascertained, so far as practicable, by examinations, 
which so far as practicable, shall be competitive; provided, however, 
that honorably discharged soldiers and sailors from the army and 
navy of the United States in the late civil war, who are citizens 
and residents of this State, shall be entitled to preference in ap¬ 
pointment and promotion, without regard to their standing on any 
list from which such appointment or promotion may be made. 
Laws shall be made to provide for the enforcement of this section. 

ARTICLE VI.— Judiciary. 

1. The Supreme Court.— The Supreme Court is continued 
with general jurisdiction in law and equity, subject to such appel¬ 
late jurisdiction of the Court of Appeals as now is or may be pre¬ 
scribed by law not inconsistent with this article. The existing 
judicial districts of the State are continued until changed as here¬ 
inafter provided. The Supreme Court shall consist of the justices 
now in office, and of the judges transferred thereto by the fifth 
section of this article, all of whom shall continue to be Justices of 
the Supreme Court during their respective terms, and of twelve 
additional justices who shall reside in, and be chosen by the electors 
of, the several existing judicial districts, three in the first district, 
three in the second, and one in each of the other districts; and of 
their successors. The successors of said justices shall be chosen 
by the electors of their respective judicial districts. The Legis¬ 
lature may alter the judicial districts once after every enumeration, 
under the Constitution, of the inhabitants of the State, and there¬ 
upon reapportion the justices to be thereafter elected in the dis¬ 
tricts so altered. 

2. Appellate Division— The Legislature shall divide the 
State into four judicial departments. The first department shall 
consist of the County of New York; the others shall be bounded 
by county lines, and be compact and equal in population as nearly 
as may be. Once every ten years the Legislature may alter the 
judicial departments, but without increasing the number thereof. 


CIVIL GOVERNMENT. 


171 

There shall be an Appellate Division of the Supreme Court, 
consisting of seven justices in the first department, and of five jus¬ 
tices in each of the other departments. In each department four 
shall constitute a quorum, and the concurrence of three shall be 
necessary to a decision. No more than five justices shall sit in any 
case. 

From all the justices elected to the Supreme Court the Governor 
shall designate those who shall constitute the Appellate Division in 
each department ; and he shall designate the Presiding Justice 
thereof, who shall act as such during his term of office, and shall 
be a resident of the department. The other justices shall be desig¬ 
nated for terms of five years, or the unexpired portions of their 
respective terms of offices, if less than five years. From time to 
time as the terms of such designations expire, or vacancies occur, 
he shall make new designations. He may also make temporary 
designations, in case of the absence or inability to act, of any jus¬ 
tice in the Appellate Division, A majority of the justices desig¬ 
nated to sit in the Appellate Division in each department shall be 
residents of the department. Whenever the Appellate Division in 
any department shall be unable to dispose of its business within a 
reasonable time, a majority of the presiding justices of the several 
departments, at a meeting called by the presiding justice of the 
department in arrears, may transfer any pending appeals from 
such department to any other department for hearing and deter¬ 
mination. No justice of the Appellate Division shall exercise any 
of the powers of a justice of the Supreme Court, other than those 
of a justice out of court, and those pertaining to the Appellate 
Division or to the hearing and decision of motions submitted by 
consent of counsel. From and after the last day of December, 
1895. Appellate Division shall have the jurisdiction now exer¬ 
cised by the Supreme Court at its General Terms, and by the 
General Terms of the Court of Common Pleas for the City and 
County oi New York, the Superior Court of the City of New York, 
the Superior Court of Buffalo and the City Court of Brooklyn, 
and such additional jurisdiction as may be conferred by the Legis¬ 
lature. It shall have power to appoint and remove a reporter. 

The justices of the Appellate Division in each department shall 
have power to fix the times and places for holding Special and Trial 
Terms therein, and to assign the justices in the departments to 
hold such terms; or to make rules therefor. 

3. Appellate Division. —No judge or justice shall sit in the 
Appellate Division or in the Court of Appeals in review of a decis- 


172 


A MANUAL OF 


ion made by him or by any court of which he was at the time a sit¬ 
ting member. The testimony in equity cases shall be taken in like 
manner as in cases at law; and except as herein otherwise provided, 
the Legislature shall have the same power to alter and regulate the 
jurisdiction and proceedings in law and in equity that it has hereto¬ 
fore exercised. 

4. Vacancies. —The official terms of the justices of the Su¬ 
preme Court shall be fourteen years from and including the first 
day of January next after their election, When a vacancy shall 
occur otherwise than by expiration of term in the office of Justice of 
the Supreme Court, the same shall be filled for a full term, at the 
next general election, happening not less than three months after 
such vacancy occurs; and, until the vacancy shall be so filled, the 
Governor by and with the advice and consent of the Senate, if the 
Senate shall be in session, or if not in session, the Governor may 
fill such vacancy by appointment, which shall continue until and in¬ 
cluding the last day of December next after the election at which 
the vacancy shall be filled. 

5. Courts Abolished.— The Superior Court of the City of 
New York, the Court of Common Pleas for the City and County of 
New York, the Superior Court of Buffalo, and the City Court of 
Brooklyn, are abolished from and after the first day of January, 
1896, and thereupon the seals, records, papers and documents of or 
belonging to such courts, shall be deposited in the offices of the 
clerks of the several counties in which said courts now exist; and all 
actions and proceedings then pending in such courts shall be trans¬ 
ferred to the Supreme Court for hearing and determination. The 
judges of said courts in office on the first day of January, 1896, shall, 
for the remainder of the terms for which they were elected or ap¬ 
pointed, be Justices of the Supreme Court; but they shall sit only 
in the counties in which they were elected or appointed. Their 
salaries shall be paid by the said counties respectively, and shall be 
the same as the salaries of the other Justices of the Supreme Court 
residing in the same counties. Their successors shall be elected as 
Justices of the Supreme Court by the electors of the judicial dis¬ 
tricts in which they respectively reside. 

The jurisdiction now exercised by the several courts hereby 
ab olished shall be vested in the Supreme Court. Appeals from in¬ 
fer ior and local courts now heard in the Court of Common Pleas 
for the City and County of New York and the Superior Court of 
Bu ffalo, shall be heard in the Supreme Court in such manner and 
by such justice or justices as the Appellate Division in the respec- 



CIVIL GOVERNMENT. 


173 


tive departments which include New York and Buffalo shall direct, 
unless otherwise provided by the Legislature. 

6. Courts Abolished. —Circuit Courts and Courts of Oyer 
and Terminer are abolished from and after the last day of Decem¬ 
ber, 1895. All their jurisdiction shall thereupon be vested in the 
Supreme Court, and all actions and proceeding then pending in 
such courts shall be transferred to the Supreme Court for hearing 
and determination. Any Justice of the Supreme Court, except as 
otherwise provided in this article, may hold court in any county. 

7. Court of Appeals. —The Court of Appeals is continued. 
It shall consist of the Chief Judge and Associate Judges now in 
office, who shall hold their offices until the expiration of their re¬ 
spective terms, and their successors, wlpo shall be chosen by the 
electors of the State. The official terms of the Chief Judge and 
Associate Judges shall be fourteen years from and including the 
first day of January next after their election. Five members of the 
court shall form a quorum, and the concurrence of four shall be 
necessary to a decision. The court shall have power to appoint 
and to remove its reporter, clerk and attendants. 

8. Vacancies Filled.— When a vacancy shall occur, other¬ 
wise than by expiration of term, in the office of Chief or Associate 
Judge of the Court of Appeals, the same shall be filled, for a full 
term, at the next general election happening not less than three 
months after such vacancy occurs; and until the vacancy shall be so 
filled, the Governor by and with the advice and consent of the Sen¬ 
ate, if the Senate shall be in session, or if not, the Governor may 
fill such vacancy by appointment. If any such appointment of 
Chief Judge shall be made from among the Associate Judges, a 
temporary appointment of Associate Judge shall be made in like 
manner; but in such case, the person appointed Chief Judge shall 
not be deemed to vacate his office of Associate Judge any longer 
than until the expiration of his appointment as Chief Judge. The 
powers and jurisdiction of the court shall not be suspended for 
want of appointment or election, when the number of Judges is 
sufficient to constitute a quorum. All appointments under this 
section shall continue until and including the last day of December 
next after the election at which the vacancy shall be filled. 

9. Court of Appeals —After the last day of December 
1895, the jurisdiction of the Court of Appeals, except where the 
judgment is of death, shall be limited to the review of questions of 
law. No unanimous decision of the Appellate Division of the Su¬ 
preme Court that there is evidence supporting or tending to sustain 


174 


A MANUAL OF 


a finding of fact or a verdict not directed by the court, shall be re¬ 
viewed by the Court of Appeals. Except where the judgment is of 
death, appeals may be taken as of right to said court only from 
judgment or orders entered upon decisions of the Appellate Divi¬ 
sion of the Supreme Court, finally determining actions or special 
proceedings, and from orders granting new trials on exceptions, 
where'the appellants stipulate that upon affirmance judgment abso¬ 
lute shall be rendered against them. The Appellate Division in 
any department may, however, allow an appeal upon any question 
of law w r hich, in its opinion, ought to be reviewed by the Court of 
Appeals. 

10. Prohibitions. —The Judges of the Court of Appeals, 
and the Justices of the Supreme Court, shall not hold any other 
office or public trust. All votes for any of them for any other 
than a judicial office, given by the Legislature or the people, shall 
be void. 

11. Removal.— Judges of the Court of Appeals and Justices 
of the Supreme Court may be removed by concurrent resolution of 
both houses of the Legislature, if two-thirds of all the members 
elected to each house concur therein. All other judicial officers, 
except Justices of the Peace and judges or justices of inferior 
courts not of record, may be removed by the Senate, on the recom¬ 
mendation of the Governor, if tw r o-thirds of all the members elected 
to the Senate concur therein. But no officer shall be removed by 
virtue of this section except for cause, which shall be entered on 
the journals, nor unless he shall have been served with a statement 
of the cause alleged, and shall have had an opportunity to be heard. 
On the question of removal, the yeas and nays shall be entered on 
the journal. 

12. Compensation of Judges. —The judges and justices 
hereinbefore mentioned shall receive for their services a compensa¬ 
tion established by law, which shall not be increased or diminished 
during their official terms, except as provided in section five of this 
article. No person shall hold the office of Judge or Justice of any 
court longer than until and including the last day of December 
next after he shall be seventy years of age. No judge or justice 
elected after the first day of January, 1894, shall be entitled to re¬ 
ceive any compensation after the last day of December next after 
he shall be seventy years of age ; but the compensation of every 
Judge of the Court of Appeals or Justice of the Supreme Court 
elected prior to the first day of January, 1894, whose term of office 
has been, or whose present term of office shall be, so abridged. 


CIVIL GOVERNMENT, 


175 

and who shall have served as such judge or justice ten years or 
more, shall be continued during the remainder of the term tor 
which he was elected ; but any su«'h judge or justice may, with 
his consent, be assigned by the Governor, from time to time, to 
any duty in the Supreme Court while his compensation is so con¬ 
tinued. 

13. Impeachment. —The Assembly shall have the power of 
impeachment by a vote of a majority of all the members elected. 
The court for the trial of impeachments shall be composed of the 
President of the Senate, the Senators, or a major part uf them, and 
the Judges of the Court of Appeals, or the major part of them. 
On the trial of an impeachment against the Governor, the Lieuten¬ 
ant-Governor shall not act as a member of the court. No judicial 
officer shall exercise his office, after articles of impeachment against 
him shall have been preferred to the Senate, until he shall have 
been acquitted. Before the trial of an impeachment the members 
of the court shall take an oath or affirmation, truly and impartially 
to try the impeachment, according to the evidence ; and no person 
shall be convicted without the concurrence of two-thirds of the 
members present. Judgment in cases of impeachment shall not 
extend further than to removal from office, or removal from office 
and disqualification to hold and enjoy any office of honor, trust or 
profit under this State ; but the party impeached shall be liable to 
indictment and punishment according to law. 

14. County Courts. —The existing County Courts are con¬ 
tinued, and the judges thereof now in office shall hold.their offices 
until the expiration of their respective terms. In the County 6f 
Kings there shall be two County Judges and the additional County 
Judge shall be chosen at the next general election held after the 
adoption of this article. The successors of the several County 
Judges shall be chosen by the electors of the counties for the term 
of six years. County Courts shall have the powers and jurisdiction 
they now possess, and also original jurisdiction in actions for the 
recovery of money only, where the defendants reside in the county, 
and in which the complaint demands judgment for a sum not ex¬ 
ceeding two thousand dollars. The Legislature may hereafter en¬ 
large or restrict the jurisdiction of the County Courts, provided, 
however, that their jurisdiction shall not be so extended as to auth¬ 
orize an action therein for the recovery of money only, in which 
the sum demanded exceeds two thousand dollars, or in which any 
person not a resident of the county is a defendant. 

Courts of Sessions, except in the County of New York, are 



A MANUAL OF 


176 

abolished from and after the last day of December, 1895. All the 
jurisdiction of the Court of Sessions in each county, except the 
County of New York, shall thereupon be vested in the County 
Court thereof, and all actions and proceedings then pending in 
such Courts of Sessions shall be transferred to said County Courts 
for hearing and determination. Every County Judge shall perform 
such duties as may be required by law. His salary shall be estab¬ 
lished by law, payable out of the county treasury. A County Judge 
of any county may hold County Courts in any other county when 
requested by the judge of such other county. 

15. Surrogates’ Courts. —The existing Surrogates’ Courts 
are continued, and the Surrogates now in office shall hold their 
offices until the expiration of their terms. Their successors shall 
be chosen by the electors of their respective counties, and their 
terms of office shall be six years, except in the County of New 
York, where they shall continue to be fourteen years. Surrogates 
and Surrogates’ Courts shall have the jurisdiction and powers 
which the Surrogates and existing Surrogates’ Courts now possess, 
until otherwise provided by the Legislature. The County Judge 
shall be Surrogate of his county, except where a separate Surrogate 
has been or shall be elected. In counties having a population ex¬ 
ceeding forty thousand, wherein there is no separate Surrogate, 
the Legislature may provide for the election of a separate officer to 
be Surrogate, whose term of office shall be six years. When the 
Surrogate shall be elected as a separate officer, his salarv shall be 
established by law, payable out of the county treasury. No County 
Judge or Surrogate shall hold office longer than until and including 
the last day of December next after he shall be seventy years of 
age. Vacancies occurring in the office of County Judge or Surro¬ 
gate shall be filled in the same manner as like vacancies occurring 
in the Supreme Court. The compensation of any County Judge 
or Surrogate shall not be increased or diminished during his term 
of office. For the relief of Surrogates’ Courts the Legislature may 
confer upon the Supreme Court in any county having a popu¬ 
lation exceeding four hundred thousand, the powers and jurisdiction 
of Surrogates, with authority to try issues of fact by jury in pro¬ 
bate cases. 

16. Local Judges. —The Legislature may, on application of 
the Board of Supervisors, provide for the election of local officers, 
not to exceed two in any county, to discharge the duties of County 
Judge and of Surrogate, in cases of their inabilitv, or of a vacancy, 
and in such other cases as may be provided by law, and to exercise 




CIVIL GOVERNMENT. 


177 


such other powers in special cases as are or may be provided by 

17. JUSTICES of THE Peace.- The electors of the several 
towns shall, at their annual town meetings, or at such other times 
and m such manner as the Legislature may direct, elect Justices of 
the Peace, whose term of office shall be four years. In case of an 
election to fill a vacancy occurring before the expiration of a full 
term, they shall hold for the residue of the unexpired term Their 
number and classification may be regulated by law. Justices of 
the Peace, and judges or justices of inferior courts not of record 
and their clerks may be removed for cause, after due notice and an 
opportunity of being heard by such courts as are or may be pre¬ 
scribed by law. Justices of the Peace and District Court justices 
may be elected in the different cities of this State, in such manner 
and with such powers, and for such terms, respectively, as are or 
shall be prescribed by law; all other judicial officers’in cities 
whose election or appointment is not otherwise provided for in this 
article, shall be chosen by the electors of such cities, or appointed 
by some local authorities thereof. 

18. Local Courts. Inferior local courts of civil and crimi¬ 
nal jurisdiction may be established by the Legislature, but no in¬ 
ferior local court hereafter created shall be a Court of Record. 
The Legislature shall not hereafter confer upon any inferior or 
local court of its creation, any equity jurisdiction or any greater 
jurisdiction in other respects than is conferred upon County Courts, 
by or under this article. Except as herein otherwise provided, all 
judicial officers shall be elected or appointed at such times and in 
such manner as the Legislature may direct. 

19. Clerks of Courts. —Clerks of the several counties 
shall be Clerks of the Supreme Court, with such powers and duties 
as shall be prescribed by law. The ju c tices of the Appellate Divi¬ 
sion in each department shall have power to appoint and to remove 
a clerk who shall keep his office at a place to be designated by said 
justices,. The Clerk of the Court of Appeals shall keep his office 
at the seat of government. The Clerk of the Court of Appeals 
and the Clerks of the Appellate Division shall receive compensation 
to be established by law and paid out of the public treasury. 

20. Fees and Qualifications. —No judicial officer, except 
Justices of the Peace, shall receive to his own use any fees or per¬ 
quisites of office; nor shall any Judge of the Court of Appeals, 
or Justice of the Supreme Court, or any County Judge or Surro¬ 
gate hereafter elected in a county having a population exceeding 


i 7 8 


A MANUAL OF 


one hundred and twenty thousand, practice as an attorney or coun¬ 
sellor in any Court of Record in this State, or act as referee. The 
Legislature may impose a similar prohibition upon County Judges 
and Surrogates in other counties. No one shall be eligible to the 
office of Judge of the Court of Appeals, Justice of the Supreme 
Court, or, except in the County of Hamilton, to the office of County 
Judge or Surrogate, who is not an attorney and counsellor of this 
State. 

21. Publication of Statutes. —The Legislature shall 
provide for the speedy publication of all statutes, and shall regulate 
the reporting of the decisions of the courts ; but all laws and judi¬ 
cial decisions shall be free for publication by any person. 

22. Terms of Justices of the Peace. —Justices of the 
Peace and other local judicial officers provided for in sections sev¬ 
enteen and eighteen, in office when this article takes effect, shall 
hold their offices until the expiration of their respective terms. 

23. Special Sessions. —Courts of special session shall have 
such jurisdiction of offences of the grade of misdemeanors as may 
be prescribed by law. 

ARTICLE VII— State Debts. 

1. State Credit.— The credit of the State shall not, in any 
manner, be given or loaned to, or in aid of any individual, associa¬ 
tion or corporation. 

2. State Debts.— The State may, to meet casual deficits or 
failures in revenues, or for expenses not provided for, contract 
debts, but such debts, direct or contingent, singly or in the aggre¬ 
gate, shall not, at any time, exceed one million of dollars ; and the 
moneys arising from the loans creating such debts shall be applied 
to the purpose for which they were obtained, or to repay the debt 
so contracted, and to no other purpose whatever. 

3. State Debts. —In addition to the above limited power to 
contract debts, the State may contract debts to repel invasion, sup¬ 
press insurrection, or defend the State in war ; but the money aris¬ 
ing from the contracting of such debts shall be applied to the pur¬ 
pose for which it was raised, or to repay such debts, and to no 
other purpose whatever. 

4. Legislative Power Limited —Except the debts speci¬ 
fied in sections two and three of this article, no debts shall be here¬ 
after contracted by or on behalf of this State, unless such debt 
shall be authorized by a law, for some single work or object, to be 
distinctly specified therein ; and such law shall impose and provide 


CIVIL GOVERNMENT. 


179 


for the collection of a direct annual tax to pay, and sufficient to pay 
the interest on such debt as it falls due and also to pay and dis¬ 
charge the principal of such debt within eighteen years from the 
of the contracting thereof. No such law shall take effect until 
it shall, at a general election, have been submitted to the people, 
and have received a majority of all the votes cast for and against 
it, at such election. On the final passage of such bill in either 
house of the Legislature, the question shall be taken by ayes and 
noes, to be duly entered on the journals thereof, and shall be : 
“ Shall this bill pass, and ought the same to receive the sanction of 
t he people ? ” 

The Legislature may at any time, after the approval of such 
law by the people, if no debt shall have been contracted in pursu¬ 
ance thereof, repeal the same ; and may at anytime, by law, forbid 
the contracting of any further debt or liability under such law; but 
the tax imposed by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such law, shall 
remain in force and be irrepealable, and be annually collected, until 
the proceeds thereof shall have made the provision hereinbefore 
specified to pay and discharge the interest and principal of such 
debt and liability. The money arising from any loan or stock cre¬ 
ating such debt or liability shall be applied to the work or object 
specified in the act authorizing such debt or liability, or for the re¬ 
payment of such debt or liability, and for no other purpose what¬ 
ever. No such law shall be submitted to be voted on, within three 
months after its passage, or at any general election, when any other 
law or any bill, or any amendment to the Constitution shall be 
submitted to be voted for or against. 

5. Sinking Funds.— The sinking funds provided for the 
payment of interest and the extinguishment of the principal of the 
debts of the State shall be separately kept and safely invested, and 
neither of them shall be appropriated or used in any manner other 
than for the specific purpose for which it shall have been provided. 

6. Claims Barred. —Neither the Legislature, Canal Board, 
nor any person or persons acting in behalf of the State, shall audit, 
allow or pay any claim which, as between citizens of the State, 
would be barred by lapse of time. This provision shall not be 
construed to repeal any statute fixing the time Within which claims 
shall be presented or allowed, nor shall it extend to any claims duly 
presented within the time allowed by law, and prosecuted with due 
diligence from the time of such presentment. But if the claimant 




i8o 


A MANUAL OF 


shall be under legal disability, the claim may be presented within 
two years after such disability is removed. 

7. Forest Preserve.— The lands of the State, now owned 
or hereafter acquired, constituting the forest preserve as now fixed 
by law, shall be forever kept as wild forest lands. They shall not 
be leased, sold or exchanged, or be taken by any corporation, pub¬ 
lic or private, nor shall the timber thereon be sold, removed, or 
destroyed. 

8. Canals. —The Legislature shall not sell, lease, or other¬ 
wise dispose of the Erie canal, the Oswego canal, the Champlain 
canal, the Cayuga and Seneca canal, or the Black River canal, but 
they shall remain the property of the State and under its manage¬ 
ment forever. The prohibition of lease, sale or other disposition 
herein contained, shall not apply to the canal known as the Main 
and Hamburg street canal, situated in the city of Buffalo, and 
which extends easterly from the westerly line of Main street to the 
westerly line of Hamburg street. All funds that may be derived 
from any lease, sale or other disposition of any canal shall be ap¬ 
plied to the improvement, superintendence or repair of the remain¬ 
ing portion of the canals. 

9. The Canals. —No tolls shall hereafter be imposed on 
persons or property transported on the canals, but all boats navw 
gating the canals, and the owners and masters thereof, shall be 
subject to such laws and regulations as have been or may hereafter 
be enacted concerning the navigation of the canals. The Legisla¬ 
ture shall annually, by equitable taxes, make provision for the ex¬ 
penses of the superintendence and repairs of the canals. All con¬ 
tracts for work or materials on any canal shall be made with the 
person who shall offer to do or provide the same at the lowest 
price with adequate security for their performance. No extra com¬ 
pensation shall be made to any contractor; but if, from any un¬ 
foreseen cause, the terms of any contract shall prove to be unjust 
and oppressive, the Canal Board may, upon the application of the 
contractor, cancel such contract. 

10. Canals. —The canals may be improved in such manner 
as the Legislature shall provide by law. A debt may be authorized 
for that purpose in the mode described by section four of this arti¬ 
cle, or the cost of such improvement may be defrayed by the ap¬ 
propriation of funds from the state treasury, or by equitable annual 
tax. 


CIVIL GOVERNMENT. l8r 

ARTICLE VIII. —Corporations. 

1. How Created. —Corporations may be formed under gen¬ 
eral laws ; but shall not be created by special act, except for munic¬ 
ipal purposes, and in cases where, in the judgment of the Legisla¬ 
ture, the objects of the corporation cannot be attained under gen¬ 
eral laws. All general laws and special acts passed pursuant to 
this section may be altered from time to time or repealed. 

2. Debts.— Dues from corporations shall be secured by such 
individual liability of tne corporators and other means as may be 
prescribed by law. 

3. Definition.— The term corporations as used in this arti¬ 
cle shall be construed to include all association and joint-stock 
companies having any of the powers or privileges of corporations 
not possessed by individuals or partnerships. And all corpora¬ 
tions shall have the right to sue and shall be subject to be sued in 
all courts in like cases as natural persons. 

4. Bank Charters— The Legislature shall, by general law, 
conform all charters of savings banks, or institutions for savings, 
to a uniformity of powers, rights and liabilities, and all charters 
hereafter granted for such corporations shall be made to conform 
to such general law, and to such amendments as may be made 
thereto. And no such corporation shall have any capital stock, 
nor shall the trustees thereof, or any of them, have any interest 
whatever, direct or indirect, in the profits of such corporation; and 
no director or trustee of any such bank or institution shall be inter¬ 
ested in any loan or use of any money or property of such bank or 
institution for savings. The Legislature shall have no power to 
pass any act granting any special charter for banking purposes; 
but corporations or associations may be formed for such purposes 
under general laws. 

^5. Specie Payments. —The Legislature shall have no power 
to pass any law sanctioning in any manner, directly or indirectly, 
the suspension of specie payments, by any person, association or 
corporation issuing bank notes of any description. 

6. Registry of Bills.— The Legislature shall provide by 
law for the registry of all bills or notes issued or put in circulation 
as money, and shall require ample security for the redemption of 
the same in specie. 

7. Stockholders Responsible.— The stockholders of 
every corporation and joint-stock association for banking purposes 
shall be individually responsible to the amount of their respective 


182 


A MANUAL OF 


share or shares of stock in any such corporation or association, for 
all its debts and liabilities of every kind. 

8. Insolvency.—I n case of the insolvency of any bank or 
banking association, the billholders thereof shall be entitled to 
preference in payment over all other creditors of such bank or 
association. 

9. State Credit. —Neither the credit nor the money of the 
State shall be given or loaned to or in aid of any association, cor¬ 
poration or private undertaking. This section shall not, however, 
prevent the Legislature from making such provision for the educa¬ 
tion and support of the blind, the deaf and dumb, and juvenile de¬ 
linquents, as to it may seem proper. Nor shall it apply to any fund 
or property now held, or which may hereafter be held by the State 
for educational purposes. 

10. Limitation of Power. —No county, city, town or vil¬ 
lage shall hereafter give any money or property, or loan its money 
or credit, to or in aid of any individual, association or corporation, 
or become, directly or indirectly, the owner of stock in or bonds of 
any association or corporation, nor shall any such county, city, 
town or village be allowed to incur any indebtedness, except for 
county, city, town or village purposes. This section shall not pre¬ 
vent such county, city, town or village from making such provision 
for the aid or support of its poor, as may be authorized by law. 
No county or city shall be allowed to become indebted for any 
purpose or in any manner to an amount which, including existing 
indebtedness, shall exceed ten per centum of the assessed valua¬ 
tion of the real estate of such county or city subject to taxation, as 
it appeared by the assessment-rolls of said county or city on the 
last assessment for State or county taxes prior to the incurring of 
such indebtedness ; and all indebtedness in excess of such limita¬ 
tion, except such as may now exist, shall be absolutely void, except 
as herein otherwise provided. No county or city whose present in¬ 
debtedness exceeds ten per centum of the assessed valuation of its 
real estate subject to taxation shall be allowed to become indebted 
in any further amount until such indebtedness shall be reduced 
within such limit. This section shall not be construed to prevent 
the issuing of certificates of indebtedness or revenue bonds issued 
in anticipation of the collection of taxes for amounts actually con¬ 
tained, or to be contained in the taxes for the year when such cer¬ 
tificates or revenue bonds are issued and payable out of such taxes. 
Nor shall this section be construed to prevent the issue of bonds to 
provide for the supply of water, but the term of the bonds issued 



CIVIL GOVERNMENT. 


1^3 

to provide for the supply of water shall not exceed twenty years 
and a sinking fund shall be created on the issuing of the said 
bonds for their redemption, by raising annually a sum which will 
produce an amount equal to the sum of the principal and interest 
of said bonds at their maturity. All certificates of indebtedness or 
revenue bonds issued in anticipation of the collection of taxes, 
which are not retired within five years after their date of issue, and 
bonds issued to provide for the supply of water, and any debt here¬ 
after incurred by any portion or part of a city, if there shall be any 
such debt, shall be included in ascertaining the power of the city 
to become otherwise indebted. Whenever hereafter the boundaries 
of any city shall become the same as those of a county, the power 
of the county to become indebted shall cesse, but the debt of the 
county at that time existing shall not be included as a part of the 
city debt. The amount hereafter to be raised by tax for county or 
city purposes, in any county containing a city of’ over one hundred 
thousand inhabitants, or any such city of this State, in addition to 
providing for the principal and interest of existing debt, shall not 
in the aggregate exceed in any one year two per centum of the as¬ 
sessed valuation of the real and personal estate of such county or 
city, to be ascertained as prescribed in this section in respect to 
county or city debt. 

11. State Boards and Commissions. —The Legislature 
shall provide for a State Board of Charities, which shall visit and 
inspect all institutions, whether State, county, municipal, incor¬ 
porated or not incorporated, which are of a charitable, eleemosyn¬ 
ary, correctional or reformatory character, excepting only such in¬ 
stitutions as are hereby made subject to the visitation and inspec¬ 
tion of either of the commissions hereinafter mentioned, but includ¬ 
ing all reformatories, except those in which adult males convicted 
of felony shall be confined ; a State Commission in Lunacy, which 
shall visit and inspect all institutions, either public or private, used 
for the care and treatment of the insane (not including institutions 
for epileptics or idiots); a State Commission of Prisons, which shall 
visit and inspect all institutions used for the detention of sane 
adults charged with or convicted of crime, or detained as witnesses 
or debtors. 

12. State Boards and Commissions— The members of 
the said board and of the said commissions shall be appointed by 
the Governor, by and with the advice and consent of the Senate ; 
and any member may be removed from office by the Governor 




184 


A MANUAL OF 


for cause, an opportunity having been given him to be heard in his 
defence. 

13. State Boards and Commissions. —Existing laws relat¬ 
ing to institutions referred to in the foregoing sections and to their 
supervision and inspection, in so far as such laws are not inconsist¬ 
ent with the provisions of the Constitution, shall remain in force 
until amended or repealed by the Legislature. The visitation and 
inspection herein provided for shall not be exclusive of other visita¬ 
tion and inspection now authorized by law. 

14. Education and Support of Blind and Others.— 
Nothing in this Constitution contained shall prevent the Legislature 
from making such provision for the education and support of the 
blind, the deaf and dumb, and juvenile delinquents, as to it may 
seem proper ; or prevent any county, city, town or village from 
providing for the care, support, maintenance and secular education 
of inmates of orphan asylums, homes for dependent children or 
correctional institutions, whether under public or private control. 
Payments by counties, cities, towns or villages to charitable, elee¬ 
mosynary, correctional and reformatory institutions, wholly or 
partly under private control, for care, support and maintenance, 
may be authorized, but shall not be required, by the Legislature. 
No such payments shall be made for any inmate of such institu¬ 
tions who is not received and retained therein pursuant to rules es¬ 
tablished by the State Board of Charities. Such rules shall be sub¬ 
ject to the control of the Legislature by general laws. 

15. State Boards and Commissions. —Commissioners of 
the State Board of Charities and commissioners of the State Com¬ 
mission in Lunacy, now holding office, shall be continued in office 
for the term for which they were appointed, respectively, unless 
the Legislature shall otherwise provide. The Legislature may con¬ 
fer upon the commissioners and upon the board mentioned in the 
foregoing sections any additional powers that are not inconsistent 
with other provisions of the Constitution. 

ARTICLE IX.— School Funds. 

1. Common Schools. —The Legislature shall provide for 
the maintenance and support of a system of free common schools, 
wherein all the children of this State may be educated. 

2. The Regents. —The corporation created in the year 1784, 
under the name of The Regents of the University of the State of 
New York, is hereby continued under the name of The University 
of the State of New York. It shall be governed, and its corporate 


CIVIL GOVERNMENT. 


i8 5 

powers, which may be increased, modified or diminished by the 
Legislature, shall be exercised, by not less than nine regents. 

3. Support of Schools.— The capital of the common school 
fund, the capital of the literature fund, and the capital of the 
United States deposit fund, shall be respectively preserved invio¬ 
late. The revenue of the said common school fund shall be ap¬ 
plied to the support of common schools ; the revenue of the said 
literature fund shall be applied to the support of academies, and 
the sum of twenty-five thousand dollars of the revenues of the 
United States deposit fund shall each year be appropriated to and 
made part of the capital of the said common school fund. 

4. Sectarian Schools.— Neither the State, nor any subdivi¬ 
sion thereof, shall use its property or credit or any public money, 
or authorize or penuit either to be used, directly or indirectly, in 
aid or maintenance, other than for examination or inspection, of 
any school or institution of learning wholly or in part under the 
control or direction of anv religious denomination, or in which any 
denominational tenet or doctrine is taught. 

ARTICLE X.—County Officers. 

1. Elections.— Sheriffs, Clerks of counties. District Attor¬ 
neys, and Registers in counties having registers, shall be chosen by 
the electors of the respective counties, once in every three years, 
and as often as vacancies shall happen, except in the counties of 
New York and Kings, and in counties whose boundaries are the 
same as those of a city, where such officers shall be chosen by the 
electors once in every two or four years as the Legislature shall di¬ 
rect. Sheriffs shall hold no other offices. They may be required 
by law to renew their security, from time to time, and in default of 
giving such new security, their offices shall be deemed vacant. 
But the county shall never be made responsible for the acts of the 
sheriff. The Governor may remove any officer in this section men¬ 
tioned, within the term for which he shall have been elected, giv¬ 
ing to such officer a copy of the charges against him, and an op¬ 
portunity of being heard in his defence. 

2. Choosing Other Officers.— All county officers whose 
election or appointment is not provided for by this Constitution, 
shall be elected by the electors of the respective counties or ap¬ 
pointed by the Boards of Supervisors, or other county authorities, 
as the Legislature shall direct. All city, town and village officers, 
whose election or appointment is not provided for by this Constitu¬ 
tion, shall be elected by the electors of such cities, towns and vil- 



A MANUAL OF 


186 

lages, or of some division thereof, or appointed by such authorities 
thereof, as the Legislature shall designate for that purpose. All 
other officers whose election or appointment is not provided for by 
this Constitution, and all officers whose offices may hereafter be 
created by law, shall be elected by the people, or appointed, as the 
Legislature may direct. 

3. Term of Office.— When the duration of any office is 
not provided by this Constitution, it may be declared by law, and 
if not so declared, such office shall be held during the pleasure of 
the authority making the appointment. 

4. Time of Election.— The time of electing all officers 
named in this article shall be prescribed by law. 

5. Vacancies.—T he Legislature shall provide for filling 
vacancies in office, and in case of elective officers no person ap¬ 
pointed to fill a vacancy shall hold his office by virtue of such ap¬ 
pointment longer than the commencement of the political year 
next succeeding the first annual election after the happening of the 
vacancy. 

6. Political Year. — The political year and Legislative 
term shall begin on the first day of January ; and the Legislature 
shall, every year, assemble on the first Wednesday in January. 

7. Removal.— Provision shall be made by law for the re¬ 
moval for misconduct or malversion in office of all officers (except 
judicial) whose powers and duties are not local or legislative and 
who shall be elected at general elections, and also for supplying 
vacancies created by such removal. 

8. Offices Deemed Vacant.— The Legislature may de¬ 
clare the cases in which any office shall be deemed vacant when no 
provision is made for that purpose in this Constitution. 

9. Salaries. —No officer whose salary is fixed by the Con¬ 
stitution shall receive any additional compensation. Each of the 
other State officers named in the Constitution shall, during his con¬ 
tinuance in office, receive a compensation, to be fixed by law, 
which shall not be increased or diminished during the term for 
which he shall have been elected or appointed ; nor shall he re¬ 
ceive to his use, any fees or perquisites of office or other compen¬ 
sation. 


ARTICLE XI.— Militia. 

1. The Militia.— All able-bodied male citizens between 
the ages of eighteen and forty-five years, who are residents of the 
Stace, shall constitute the militia, subject however to such exemp- 


CIVIL GOVERNMENT. 


I8 7 

tions as are now, or may be hereafter, created by the laws of the 
United States, or by the Legislature of this State. 

2. The Militia. —The Legislature may provide for the en¬ 
listment into the active force of such other persons as may make 
application to be so enlisted. 

3. The Militia.— The militia shall be organized and 
divided into such land and naval, and active and reserve forces, as 
the Legislature may deem proper, provided however that there 
shall be maintained at all times a force of not less than ten thous¬ 
and enlisted men, fully uniformed, armed, equipped, disciplined 
and ready for active service. And it shall be the duty of the Leg¬ 
islature at each session to make sufficient appropriations for the 
maintenance thereof. 

4. Officers ; How Appointed.— The Governor shall ap¬ 
point the Chiefs of the several staff departments, his Aides-de- 
Camp and military secretary, all of whom shall hold office during 
his pleasure, their commissions to expire with the term for which 
the Governor shall have been elected; he shall also nominate, and 
with the consent of the Senate, appoint all Major-Generals. 

5. Officers; How Appointed.— All other commissioned 
and non-commissioned officers shall be chosen or appointed in 
such manner as the Legislature may deem most conducive to the 
improvement of the militia, provided however that no law shall be 
passed changing the existing mode of election and appointment 
unless two-thirds of the members present in each house shall con¬ 
cur therein. 

6. Officers ; Removal. —The commissioned officers shall 
be commissioned by the Governor as Commander-in-Chief. No 
commissioned officer shall be removed from office during the term 
for which he shall have been appointed or elected, unless by the 
Senate on the recommendation of the Governor, stating the 
grounds on which such removal is recommended, or by the sen¬ 
tence of a court-martial, or upon the findings of an examining 
board organized pursuant to law, or for absence without leave for 
a period of six months or more. 

ARTICLE XII.— Cities and Villages. 

1. Government of cities and villages. —It shall be the 
duty of the Legislature to provide for the organization of cities and 
incorporated villages, and to restrict their power of taxation, assess¬ 
ment, borrowing money, contracting debts and loaning their credit, 
so as to prevent abuses in assessments, and in contracting debt by 
such municipal corporations. 


A MANUAL OF 


188 

2. Special city laws. —All cities are classified according to 
the latest State enumeration, as from time to time made, as fol¬ 
lows : The first class includes all cities having a population of 
two hundred and fifty thousand, or more; the second class, all 
cities having a population of fifty thousand and less than two hun¬ 
dred and fifty thousand ; the third class, all other cities. Laws re¬ 
lating to the property, affairs or government of cities, and the sev¬ 
eral departments thereof, are divided into general and special city 
laws ; general city laws are those which relate to all the cities of 
one or more classes; special city laws are those which relate to a 
single city, or to less than all the cities of a class. Special city laws 
shall not be passed except in conformity with the provisions of this 
section. After any bill for a special city law, relating to a city, has 
been passed by both branches of the Legislature, the house in 
which it originated shall immediately transmit a certified copy 
thereof to the mayor of such city, and within fifteen days thereafter 
the mayor shall return such bill to the house from which it was 
sent, or if the session of the Legislature at which such bill was 
passed has terminated, to the Governor, with the mayor’s certifi¬ 
cate thereon, stating whether the city has or has not accepted the 
same. 

In every city of the first class, the mayor, and in every other 
city, the mayor and the legislative body thereof concurrently, shall 
act for such city as to such bill; but the Legislature may 
provide for the concurrence of the legislative body in cities 
of the first class. The Legislature shall provide for a pub¬ 
lic notice and opportunity for a public hearing concerning 
any such bill in every city to which it relates, before action thereon. 
Such a bill, if it relates to more than one city, shall be transmitted 
to the mayor of each city to which it relates, and shall not be 
deemed accepted unless accepted as herein provided, by every such 
city. Whenever any such bill is accepted as herein provided, it shall 
be subject, as are other bills, to the action of the Governor. When¬ 
ever, during the session at which it was passed, any such bill is 
returned without the acceptance of the city or cities to which it re¬ 
lates, or within such fifteen days is not returned, it may neverthe¬ 
less again be passed by both branches of the Legislature, and it 
shall then be subject, as are other bills, to the action of the Gov¬ 
ernor. In every special city law which has been accepted by the 
city or cities to which it relates, the title shall be followed by the 
words “accepted by the city ” or “ cities,” as the case may be ; in 
every such law which is passed without such acceptance, by the 



CIVIL GOVERNMENT. 


189 

words “ passed without the acceptance of the city,” or “ cities," as 
the case may be. 

3. City Elections.— All elections of city officers, including 
supervisors and judicial officers of inferior local courts, elected in 
any city or part of a city, and of county officers elected in the 
counties of New York and Kings, and in all counties whose boun¬ 
daries are the same as those of a city, except to fill vacancies, 
shall be held on the Tuesday succeeding the first Monday in No¬ 
vember in an odd-numbered year, and the term of every such 
officer shall expire at the end of an odd-numbered year. The 
terms of office of all such officers, elected before the first day of 
January, 1895, whose successors have not then been elected, which 
under existing laws would expire with an even numbered year, or 
in an odd-numbered year and before the end thereof, are extended 
to and including the last day of December next following the time 
when such terms would otherwise expire ; the terms of office of all 
such officers, which under existing laws would expire in an even- 
numbered year and before the end thereof, are abridged so as to 
expire at the end of the preceding year. This section shall not 
apply to any city of the third class, or to elections of any judicial 
officer, except judges and justices of inferior local courts. 

ARTICLE XIII. —Oath of Office. 

1. Form prescribed. —Members of the Legislature, and all 
officers, executive and judicial, except such inferior officers as shall 
be by law exempted, shall, before they enter on the duties of their 
respective offices, take and subscribe the following oath or affirma¬ 
tion : “ I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution of the State 
of New York, and that I will faithfully discharge the duties of the 
office of according to the best of my ability ; ” 

and all such officers who shall have been chosen at any election 
shall, before they enter on the duties of their respective offices, 
take and subscribe the oath or affirmation above prescribed, 
together with the following addition thereto, as part thereof: 

“ And I do further solemnly swear (or affirm) that 1 have not 
directly or indirectly paid, offered or promised to pay, contributed, 
or offered or promised to contribute; any money or other valuable 
thing as a consideration or reward for the giving or withholding a 
vote at the election at which I was elected to said office, and have 
not made any promise to influence the giving or withholding any 
such vote,” and no other oath, declaration or test shall be required 
as a qualification for any office of public trust. 


190 


A MANUAL OF 


2. Any person holding office under the laws of this State, 
who, except in payment of his legal salary, fees or perquisities, shall 
receive or consent to receive, directly or indirectly, anything of 
value or of personal advantage, or the promise thereof, for per¬ 
forming or omitting to perform any official act, or with the express 
or implied understanding that his official action or omission to act 
is to be in any degree influenced thereby, shall be deemed guilty of 
a felony. This section shall not affect the validity of any existing 
statute in relation to the offence of bribery. 

3. Any person who shall offer or promise a bribe to an officer, 
if it shall be received, shall be deemed guilty of a felony and liable 
to punishment, except as herein-provided. No person offering a 
bribe shall, upon any prosecution of the officer for receiving such 
bribe, be privileged from testifying in relation thereto, and he shall 
not be liable to civil or criminal prosecution therefor, if he shall 
testify to the giving or offering of such bribe. Any person who 
shall offer or promise a bribe, if it be rejected by the officer to 
whom it was tendered, shall be deemed guilty of an attempt to 
bribe, which is hereby declared to be a felony. 

4. Any person charged with receiving a bribe, or with offering 
or promising a bribe, shall be permitted to testify in his own behalf 
in any civil or criminal prosecution therefor. 

5. Free passes. —No public officer, or person elected or ap¬ 
pointed to a public office, under the laws of this State, shall directly 
or indirectly, ask, demand, accept, receive or consent to receive for 
his own use or benefit, or for the use or benefit of another, any free 
pass, free transportation, franking privilege of discrimination in pas¬ 
senger, telegraph or telephone rates, from any person or corpora¬ 
tion, or make use of the same himself or in conjunction with 
another. A person who violates any provision of this section shall be 
deemed guilty of a misdemeanor, and shall forfeit his office at the suit 
of the Attorney-General. Any corporation or officer or agent thereof, 
who shall offer or promise to a public officer, or person elected or 
appointed to a public office, any such free pass, free transportation, 
franking privilege or discrimination, shall also be deemed guilty of a 
misdemeanor and liable to punishment, except as herein provided. 
No person, or officer, or agent of a corporation giving any such free 
pass, free transportion, franking privilege or discrimination hereby 
prohibited, shall be privileged from testifying in relation thereto, 
and he shall not be liable to civil or criminal prosecution therefor, 
if he shall testify to the giving of the same. 

6. Any District Attorney who shall fail faithfully to prosecute 


CIVIL GOVERNMENT. 


191 

a person charged with the violation in his county of any provision 
of this article which may come to his knowledge shall be removed 
from office by the Governor, after due notice and an opportunity of 
being heard in his defence. The expenses which shall be incurred 
by any county, in investigating and prosecuting any charge of brib¬ 
ery or attempting to bribe any person holding office under the laws 
of this State, within such county, or of receiving bribes by any such 
p p rson in said county, shall be a charge against the State, an<i their 
payment by the State shall be provided for by law. 

ARTICLE XIV.— Amendments. 

1. How Made. —Any amendment or amendments to this 
Constitution may be proposed in the Senate and Assembly; and if 
the same shall be agreed to by a majority of the members elected to 
each of the two houses, such proposed amendment or amendments 
shall be entered on their journals, with the yeas and nays taken 
thereon, and referred to the Legislature to be chosen at the next 
general election of Senators, and shall be published for three 
months previous to the time of making such choice; and if in the 
Legislature so next chosen, as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of all the mem¬ 
bers elected to each house, then it shall be the duty of the Legisla¬ 
ture to submit such proposed amendment or amendments to the 
people for approval, in such manner and at such time as the Legis¬ 
lature shall prescribe; and if the people shall approve and ratify 
such amendment or amendments, by a majority of the electors vo¬ 
ting thereon, such amendment or amendments shall become part of 
the Constitution from and after the first day of January next after 
such approval. 

2. Constitutional Conventions. —At the general 'elec¬ 
tion to be held in the year 1916, and every twentieth year thereaf¬ 
ter, and also at such times as the Legislature may by law provide, 
the question, “ Shall there be a convention to revise the Constitution 
and amend the same? ” shall be decided by the electors of the 
State; and in- case a majority of the electors voting thereon shall 
decide in favor of a convention for such purpose, the electors of 
every Senate district of the State, as then organized, shall elect 
three delegates at the next ensuing general election at which Mem¬ 
bers of the Assembly shall be chosen, and the electors of the State 
voting at the same election shall elect fifteen delegates-at-large. 
The delegates so elected shall convene at the capitol on the first 
Tuesday of April next ensuing after their election, and shall con- 




192 A MANUAL OF CIVIL GOVERNMENT. 

tinue their session until the business of such convention sha 11 have 
been completed. Every delegate shall receive for his services the 
same compensation and the same mileage as shall then be annually 
payable to the Members of the Assembly. A majority of the con¬ 
vention shall constitute a quorum for the transaction of business, 
and no amendment to the Constitution shall be submitted for ap¬ 
proval to the electors as hereinafter provided; unless by the assent 
of a majority of all the delegates elected to the convention, the 
yeas and nays being entered on the journal to be kept. The con¬ 
vention shall have the power to appoint such officers, employes and 
assistants as it may deem necessary, and fix their compensation 
and to provide for the printing of its documents, journal and pro¬ 
ceedings. The convention shall determine the rules of its own 
proceedings, choose its own officers, and be the judge of the elec¬ 
tion, returns and qualifications of its members. In case of a vacan¬ 
cy, by death, resignation or other cause, of any district delegate 
elected to the convention, such vacancy shall be filled by a vote of 
the remaining delegates representing the district in which such 
vacancy occurs. If such vacancy occurs in the office of a delegate- 
at-large, such vacancy shall be filled by a vote of the remaining 
delegates-at-large. Any proposed constitution or constitutional 
amendment which shall have been adopted by such convention, 
shall be submitted to a vote of the electors of the State at the time 
and in the manner provided by such convention, at an election 
which shall be held not less than six weeks after the adjournment 
of such convention. Upon the approval of such constitution or con¬ 
stitutional amendments, in the manner provided in the last preced¬ 
ing section, such constitution or constitutional amendment shall 
go into effect on the first day of January next after such approval. 

3. Priority of Amendments.— Any amendment proposed 
by a constitutional convention relating to the same subject as an 
amendment proposed by the Legislature, coincidently submitted to 
the people for approval at the general election held in the year 
1894, or at any subsequent election, shall, if approved, be deemed 
to supersede the amendment so proposed by the Legislature. 

ARTICLE XV. 

1. This Constitution shall be in force from and including the 
first day of January 1895, except as herein otherwise provided. 


Index. 


Academy, Military, 35 

Naval, 36 

Ambassadors, 38 

Amendments to Constitution, U.S.2? 

N.Y. 45 

Army of U. S., 35 

Attorney General of U. S., 36 

N. Y., 95 

Assembly of N. Y., Number of, 88 

Districts, 158 

Duties of, 90 

Qualifications, 88 
Assessors of Town, 70 

State, 98 

Bill of Rights, 120 

Bills, how become a law, U. S., 28 

N. Y., 89 

Board of Education, 57 

Supervisors, 80 

County Canvassers, 76 

State Canvassers, 98 

Citizen, definition of 46 

obligations of to govern’t,i3 
Charter of Colonies, 18 

City Defined, 117 

Cities, classes of, 117 

City of New York, 118 

Civics, 5 

Civil Government, 6 

Polity, 5 

Service Reform, 13 

Commissioners, 37 

Clerk of Supervisors, 81 

County, 82 

Town, 68 

School District, 55 

Collector School District, 55 

Town, 71 

Commissioner Defined, 123 

of Agriculture, 98 

Commissioners of Lunacy, 99 

Committees of Congress, 29 

Confederation, History of, 21 

Commercial and Business Terms, 127 
Commons, House of, 17 

Comptroller of N. Y., 94 

Constitution, Definition of, 9 

of Great Britian, 16 

U. S., Origin of, 22 


Constitution, U. S., Object of, 25 
How Amend. 25 
Text of 137 
N. Y., Changes in, 45 
History of, 42 
Text of, 152 
How Amend. 45 
Congress, Colonial, U. S., 19 

Continental, 20 

What Constitutes, 25 
When Meet, 28 

Bills, how become law, 28 
Constable, 69 

Consul, U. S., ' 38 

Coroners, 84 

Corporations, Kinds of 14 

Courts, U. S. Districts 39 

Circuit, 40 

Appeal, 40 

Supreme, 41 

Claims, 41 

District Columbia, 42 
Territories, 39 

N. Y. ibs 

Claims, 97 

Justice, 105 

County, 105 

Surrogate, 106 

Supreme, 106 

Supreme Div. of 107 
N. Y. City Special Ses¬ 
sions, 109 

Courts, Conciliation, no 

Court Martial, no 

County, Definition of, 75 

Treasurer, 83 

Judge, 82 

Clerk, 82 

Crimes, 125 

Declaration of Independence, 

when adopted, 20 

Declaration, Text of, 134 

District of Columbia, 123 

District Attorney, 83 

Divisions of N. Y. State 133 

Economics 6 

Electors, Presidential, 30 

Electors, Presidential, How 

Chosen, 30 



194 


INDEX. 


Electors, Presidential, Number of, 

30 

History of Constitution of U. S., 

18 

Electors, Presidential, Qualifi¬ 


N. Y., 

42 

cations, 

3 ° 

House of Commons, 

17 

Electors, Presidential, Vote of, 


Lords, 

17 

How Determined, 

3 i 

Representatives, 

27 

Elections, U. S., When Held, 

30 

Independence, Declaration of, 

i 34 

N. Y., 

48 

When Adopted, 

20 

Officers, Towns, 

74 

Impeachment, 

9 i 

Cities, 

74 

Institute, Teachers, 

61 

Inspectors of, 

74 

Summer, 

61 

General Statement, 

77 

Inspectors of Election, 

74 

Expenses of, 

78 

Interstate, Commerce Commis¬ 


Districts, 

78 

sion, 

37 

Notices of, 

79 

Justice Defined, 

8 

Eminent Domain, 

12 

How Secured, 

11 

Engineer and Surveyor, N. Y., 

95 

Justices of the Peace, 

69 

Ethics Defined, 

5 

Judge, County, 

82 

Fisheries Commission, 

37 

Judicial Proceedings, 

109 

Funds, College Land Scrip, 

65 

Juries Defined, 

hi 

Common School, 

63 

Commissioner, 

113 

District Tax School, 

62 

How Obtained, 

113 

State Tax School, 

62 

How Drawn, 

114 

General for School, 

62 

Kinds of, 

112 

U. S. Deposit, 63-4 

Qualifications of, 

hi 

Literary, 

64 

Special Commissioner, 

us 

General Revenue, 

64 

Law Defined, 

5 

Appropriation of, 

63 

Kinds of, 

9 

Government Defined, 

6 

Legislature of U. S., 

25 

Authority of, 

7 

G. B., 

17 

Classes of, 

16 

N. Y., 

87 

Dangers of, 

*3 

Liberty Defined, 

7 

Departments, 

16 

Librarian, School District, 

56 

Forms, 

16 

Lieutenant Governor, 

93 

How Changed, 

15 

Loan Commissioners, 

85 

How Governed, 

8 

Ministers, 

38 

History of National, 

18 

Militia, 

105 

Legislative of G. B., 

17 

Miscellaneous Topics, 

120 

Necessity for, 

6 

Monarchies, 

16 

Object of, 

7 

Nation Defined, 

14 

Obligations of to Cit¬ 


When Formed, 

14 

izens, 

10 

Authority, Where Reside, 14 

Government, Obligations of Cit¬ 


How Changed, 

VS 

izens, 

r 3 

New States, How Made, 

38 

Government, Origin of, 

7 

Normal Schools, 

59 

Rights of, 

11 

Notaries Public, 

85 

Mints, 

37 

Overseers of Highway, 

50 

Printing Office, 

37 

Poor, 

72 

Governor of N. Y., 

92 

Pedagogic Departments in Col¬ 


Qualifications, 

92 

leges, 

60 

Duties, 

92 

President U. S., How Elected, 

3° 

Lieutenant, 

93 

Vote for, How Deter¬ 


Highway Commissioner, 

7 i 

mined, 

3i 





INDEX. 


195 


President Vote for How Counted, 31 
Election of, by House, 32 
Summary of, Election 


for, 32 

President, Qualifications of, 29 

Duties of, 33 

Presidents Cabinet, 34 

Presidential Succession, 33 

Postmaster General, 36 

Regents of the University, 103 

Republic, Defined, 16 

Departments of, 16 

Representatives, How chosen, 27 


Qualifications of, 27 
Powers and 


duties of, 28 

Representatives, Salary of, 28 

Term of, 27 

Right Defined, 8 

Righteous Defined, 8 

Rights, Political, 11 

Road District, 50 

School Government, 6 

Commissioner, 85 

District, 51 

Meetings, 51 

Voters in, 52 

Officers, 53 

Secretary of Agriculture, 36 

Interior, 36 

Secretary of Navy, U. S., 35 

State, U. S., 35 

Treasury, U. S., 35 

War, U. S., 35 

State, N. Y., 93 

Senate, U. S;, How Chosen, 26 


Qualifications and 


Duties, 26 

Senate, N. Y., How Chosen, 87,157 
Districts, 157 

Qualifications of, 88 
Duties of, 91 

Sheriff, 81 

Sociology, 6 

Sovereignty of U. S., 20 

State, Assessors, 98 

Board of Equalization, 98 
Health, 98 

Charities, 99 

Canvassers, 98 

Defined, 14 

Legislature, 87 


States, How Made, 38 

Superintendent of Banking, "95 

Insurance 96 

Poor, 84 

Prisons, 96 

Public Instruc¬ 
tion, 100 

Superintendent of Public Works, 96 
Supervisors, 82 

Surrogate, 68 

Tax Inheritance Collateral 125 

Teachers Certificates, 61 

Institutes, 61 

Preparation, 59 

Training Classes, 60 

Terms and Salaries of Officers, 133 

Territories, How Governed, 39 

Organized, 38 

Town Defined, 66 

Powers and Duties of, 67 

Officers, 68 

Treason Defined, 146 

Treasurer of County, 83 

New York, 94 

School District, 56 

Trustee Defined, 129 

School District, 53 

Duties of, 54 
University of N. Y., 103 

Vice President, 30 

Election by Senate, 32 
Duties of, 34 

Villages. 116 

Voters, N. Y., Qualifications of, 47 
School District, 52 

Voting, Kinds of, 91 

Wills, Essentials for, 124 


Index to Constitution of the 
United States. 


Preamble, 137 

Art. I, Legislative, 137 

II, Executive, 143 

III, Judicial, 145 

IV, Provisions as to States, 146 

V, Amendments, How 

Passed, 147 

Art. VI, Supremacy of the Con¬ 
stitution, 147 

Art. VII, Ratification, 148 



196 


INDEX. 


Amendments. 

Art. I to VIII, Individual Rights, 148 
IX to XI, Rules of Construc¬ 


tion, 149 

Art. XII, Manner of Chosing 

President, 149 

Art. XIII, Slavery Abolished, 150 

XIV to XV, Citizenship, 151 


Index to Constitution of New 
York. 

Art. I, Personal Rights and Gen¬ 
eral Laws, 152 


Art. II, Qualifications of Voters, 155 


III, Legislative, 157 

IV, Executive, 164 

V, State Officers, 167 

VI, State Courts, 170 

VII, State Debts. 178 

VIII, Corporations and Fixed 

Affairs, 181 

IX, Schools, 184 

X, County Officers, 18=; 

XI, Militia, 186 

XII, Cities and Villages, 187 

XIII, Official Duties and Re¬ 
strictions, 189 

XIV, Amendments, 191 






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